HomeMy WebLinkAbout10-03-2011 Agenda Packet Public Works Committee October 3, 2011 - 3:30 PM Annex Room 2 AGENDA I. CALL TO ORDER A. Roll Call B. Announcements C. Agenda Modifications II. CONSENT AGENDA A. Approval of Minutes* B. Right -of -Way Use Permit No. 11 -23* (Mund) Approve Right-of-Way Use Permit No. 11-23 for King County Metro Transit C. Public Works Project No. CP1109* (Lee) Approve Award of Small Works Contract No. 11-15, to the Lowest Responsible Bidder for Project No. CP1109, 2011 Storm Pipeline Repair and Replacement - Phase 1 D. Public Works Project No. CP0915* (Lee) Grant Permission to Enter into Consultant Agreement No. AG-C-409 with Golder Associates for Design, Survey and Environmental Ser vices for Project No. CP0915, Well 1 Improvements - Phase II E. Public Works Project No. CP0920* (Lee) Approve Final Pay Estimate No. 7 to Contract No. 10 -26 in the Amount of $20,381.99 and Accept Construction of Project No. C P0920 2009 AC Watermain Replacement III. RESOLUTIONS A. Resolution No. 4753* (Sweeting) A Resolution of the City Council of the CIty of Aub urn, Washington, Authorizing the Mayor to Execute a Construction Loan Agreement Betw een the City of Auburn and the Washington State Public Works Board Relating to the M Street SE Underpass Project (C201A) B. Resolution No. 4754* (Dowdy) A Resolution of the City Council of the City of Aub urn, Washington, Authorizing the Mayor to Confirm the Amounts Owed and Reimburse Pie rce County, Puget Sound Energy and Cascade Water Alliance for the Easement Fees that the City Agreed to Pay After the Annexation of the Area that Encompass es the Lake Tapps Parkway Drainage Facilities that Empty into the Puget Sound Tailrace IV. DISCUSSION ITEMS
A. Griffin Leak Adjustment Appeal* (Coleman) B. Auburn Gateway Project - Draft Development Agreement* (Dixon) C. Auburn Gateway Project - Draft Planned Action Ordinance* (Dixon) An Ordinance of the City Council of the City of Aub urn, Washington, Relating to Special Ara Plans, Amending Section 16.06.020 of th e Auburn City Code and Adding a New Chapter, 18.80 "Northeast Auburn Speci al Area Plan and Auburn Gateway Planned Action" Thereto D. Capital Project Status Report* (Gaub) V. ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov ), and via e-mail. Complete agenda packets are avai lable for review at the City Clerk's Office. *Denotes attachments included in the agenda packet.
AGENDA BILL APPROVAL FORM Agenda Subject: Approval of Minutes Date: September 27, 2011 Department: Public Works Attachments: September 19, 2011 Minutes Budget Impact: $0 Administrative Recommendation:Public Works Committee to approve the minutes from the September 19, 2011 Public Works Committee Meeting.Background Summary:See attached. Reviewed by Council Committees:Public Works Councilmember:Wagner Staff:Meeting Date:October 3, 2011 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINED CA.A
Public Works Committee September 19, 2011 - 3:30 PM Annex Room 2 MINUTES I. CALL TO ORDER Chairman Rich Wagner called the meeting to order at 3:30 p.m. in Conference Room #2, located on the second floor of Auburn City Hall , One East Main Street, Auburn, Washington. A. Roll Call Chairman Wagner, Vice-Chair Bill Peloza, and Member Haugen were present. Also present during the meeting were: Mayo r Pete B. Lewis, Councilmember John Partridge, Public Works Director Dennis Dowdy, City Engineer/Assistant Director Dennis Selle, Assistant City Engineer Ingrid Gaub, Utilities Engineer Dan Repp, Traffic Engineer Pablo Para, Traffic Operations Engineer Scott Nutter, Maintenance and O perations Manager Randy Bailey, Project Engineer Leah Dunsdon, and Pu blic Works Secretary Jennifer Rigsby. Members of the public in attendance included: Wayne Osborne. B. Announcements There were no announcements. C. Agenda Modifications There were no agenda modifications. II. CONSENT AGENDA A. Approval of Minutes Councilmember Peloza moved and Councilmember Haugen seconded to Approve the minutes of the Septe mber 6, 2011 Public Works Committee Meeting, as amended. Vice-Chair Peloza noted two scrivener’s errors. On page 5 of 8, fifth paragraph, Vice-Chair Peloza recommended the minutes be changed to read, “…that the PCI be worde d the same way in the ordinance as it was presented by Director Dowdy to the chamber.” The Committee agreed. Page 1 of 6 CA.A
On page 8 of 8, first full paragraph, Vice-Chair Pe loza recommended the minutes be changed to read “….by the property manag ement group. Vice-Chair Peloza discussed the matter with Jeff Oliphan t and suggested a management group sign be placed on the pond propert y for maintenance contact information.” The Committee agreed. Motion Carried Unanimously. 3-0. B. Public Works Project No. CP0815 (Dunsdon) Councilmember Peloza moved and Councilmember Haugen seconded to Approve the Final Pay Estimate No. 7 to Contract No. 09-15 for Project No. CP0815, S 277th Street Reconstru ction Phase III – Mary Olson Farm – Material Procurement. Project Engineer Dunsdon provided clarification on the Background Summary in response to a question asked by Vice-Chair Peloza. Dunsdon explained that all of the project related work was done on the Mary Olson Farmhouse. The funds were originally allocated for the Thomas Nelson Farmhous e but were reallocated for the Mary Olson Farmhouse when restoration of the Thomas Nelson Farmhouse became infeasible. Motion Carried Unanimously. 3-0. III. ORDINANCES A. Ordinance No. 6377 (Dowdy) An Ordinance of the City Council of the City of Aub urn, Washington, Establishing a Transportation Benefit District With in the Corporate Limits of the City of Auburn, Specifying the Maintenance and Preservation of Existing Transportation Improvements, Providing for Addition al Transportation Improvements and Creating a New Chapter 3.23 of the Auburn City Code Entitled "Auburn Transportation Benefit District Councilmember Peloza moved and Councilmember Wagner seconded to recommend that the City Council introduce and adopt Ordinance No. 6377, as amended. Director Dowdy stated that the amendments to the or dinance that were suggested by the Public Works and Finance Committee s have been made and reviewed the amendments with the Committee. Vice-Chair Peloza asked for clarification regarding the use of the word “modal” in the ordinance. Director Dowdy answered t hat the City’s arterial street system is a connectivity system for all mode s of transportation and must be able to support all of those modes, i.e. bi cyclists, transit, motorists, etc. Chairman Wagner suggested that the goal of no pavem ent being at a Page 2 of 6 CA.A
Pavement Condition Index (PCI) below 70 be removed from the ordinance, following comments made by Director Dowdy regarding the presentation of the Transportation Benefits District to the Chamber of Commerce, but to maintain the goal of bringing the system average up to a PCI of 80. Member Haugen stated that she would not be voting i n support of the ordinance because she was not satisfied with City C ouncilmembers acting as the TBD Board. Chairman Wagner asked for suggest ions on how the board should be comprised, if not of the City Counc il. Member Haugen suggested a public election process but noted that elections are held at a considerable expense. Mayor Lewis pointed out that there is a State law that requires the City Council, not the Mayor, act as the board of governors and there is no allowance for anything else regardl ess of any vote. Motion Carried. 2-1. Those voting no: Haugen . IV. DISCUSSION ITEMS A. Capital Project Status Report (Gaub) Item 13 – CP1005 – S. Division Street Promenade Project: Chairman Wagner asked for a project status update. Assistant City Engineer Gaub stated that the majority of the underground utility work is complete and the contractor is working on the intersection improveme nts at Main and Division Streets with the goal of having the intersection op en by the end of September depending on weather conditions. The cont ractor will then continue working down the corridor. Assistant City Engineer Gaub reported that there is a delay with the light and signal poles due to fabrication, but the major ity of the work should be completed by the end of December 2011. However, the completion of all the work will not likely be until February 2012. Chairman Wagner asked about the overhead and underg round power. Assistant City Engineer Gaub answered that t he overhead lines on Division Street have been removed and there are no more private utility poles that will remain on Division Street. Chairman Wagner asked when the gateway sign will be installed. Assistant City Engineer Gaub said the due to the fabrication time frame the sign will probably be installed in December 2011 or January 2 012. Assistant City Engineer Gaub stated that there are no bus stops on Division Street within the Promenade and staff has been meet ing with Metro regarding the bus routes through the downtown area to and from the Transit Station, in response to questions asked by Chairman Wagner. Assistant City Engineer Gaub stated that the intent is for Me tro to cross the new promenade only at 2nd Street. Page 3 of 6 CA.A
Assistant City Engineer Gaub explained how the buse s will serve the Wayland Arms apartments in response to a question a sked by Member Haugen. Vice-Chair Peloza asked about the gas tank that the contractor located. Assistant City Engineer Gaub stated that a gas tank was found and there is contaminated soil underneath of the tank a s well as potentially contaminated ground water. The analysis is being co mplete so that staff can determine what clean up is necessary and the ex tent of the cleanup. Assistant City Engineer Gaub stated that s taff is also trying to determine ownership of the tank. Assistant Director /City Engineer Selle stated that it is fairly common to find tanks under ground when working in the downtown area. Item 17 – C207A – A Street NW Corridor Phase 1: Chairman Wagner asked if any progress has been made to discuss the impact of the project on the Post Office with the Postmaster. Mayor Lewis stated that he has had two meeting scheduled with the Postmaster that have bee n cancelled and rescheduled. Mayor Lewis said that project informat ion has been provided to the Post Office by himself and City staff. Chairman Wagner asked about notifying the public of the turn restrictions into and out of the Post Office parking lot. Mayor Lewis stated that there will be notices posted in the newspaper and signage alon g the roadway. The Committee and Mayor Lewis discussed different p arking and access scenarios that could be discussed with the Post Off ice representatives. Vice-Chair Peloza commented on the condition of the Post Office parking lot. Vice-Chair Peloza pointed out that the garbage in the parking lot had been cleaned up but no other maintenance efforts ha ve been made and the lot is still in poor condition. Item 14 – C401A – S 277th Wetland Mitigation Monitoring: Member Haugen asked for an update on the project’s status. Assist ant City Engineer Gaub responded that the grading work is complete and the contractor is waiting for the right time to complete the planting work. Item 23 – C201A – M Street SE Underpass Project: Chairman Wagner asked for a status update. Assistant City Engineer Gaub reported that the design work is complete, the Right-Of-Way acquisiti on is complete and staff has submitted for the Transportation Improvement Bo ard (TIB) grant and should hear the award results in November. The proj ect should be advertised for bids in December 2011. Chairman Wagner asked about the work currently bein g done by Puget Page 4 of 6 CA.A
Sound Energy (PSE). Assistant City Engineer Gaub st ated that PSE is relocating the overhead transmission lines, which c annot be undergrounded, and will soon be relocating their ga s main that is in the area. Chairman Wagner asked when the storm water pond wor k will begin. Assistant City Engineer Gaub answered that w ork will probably not begin until summer 2012. Assistant City Engineer Ga ub stated that staff anticipates the project will go out to bid in Decem ber 2011, the contract to be awarded in February 2012 and project constructio n to begin in March or April of 2012. Assistant City Engineer Gaub confirm ed that the storm pond construction is part of the project budget and not the storm water budget, in response to a question asked by Chairman Wagner. Assistant City Engineer Gaub answered questions ask ed by Member Haugen regarding the City’s ownership of the proper ty that was formerly 600 M Street SE. Assistant City Engineer Gaub repor ted that PSE is working in front of the property, relocating their overhead lines. Member Haugen commented on the liter that is on the City p roperty. Member Haugen asked how many houses on M Street SE will be removed and if the Park Apartments will be removed. Assista nt City Engineer Gaub stated that the houses that were going to be remove d for the M Street project are already demolished and that the apartme nts will not be removed. Chairman Wagner asked if project informati on has been provided to apartment residents. Mayor Lewis stated that he gave project maps to the managers of the complex and asked staff to redi stribute the maps. Item 33 – CP0765 – Lakeland Hills Reservoir Improvements: Assistant City Engineer Gaub stated that the project is waiting on the completion of Reservoir 6 and also on completion of the booster s tation work begin done next to Reservoir 5. Assistant City Engineer Gaub e xplained that Reservoir 5 cannot be taking offline to make the improvements until Reservoir 6 is complete, in response to a question asked by Member Haugen. Item 40 – 2011 Local Street Pavement Preservation Phase 2: Chairman Wagner asked if the rebuild work included in the pr oject scope will be able to be completed in the winter months. Assistant Cit y Engineer Gaub answered that the construction will probably begin in January 2012 and the utility can begin at that time. Once the utility wo rk is complete, the time should be appropriate to start work on the pavement . Vice-Chair Peloza asked if work on H Street SE will be completed at the same time. Assistant City Engineer Gaub stated that H Street SE is part of the project. Chairman Wagner asked if all of the streets in the project’s scope are Page 5 of 6 CA.A
concrete. Assistant City Engineer Gaub answered tha t there is a mixture of existing concrete and asphalt streets. Assistant Director/City Engineer Selle stated that asphalt pavement is the City standard, particularly for residential streets and concrete may be considered for truck routes or at intersections, in response to questions asked by Member Haugen and Chairman Wagner. Item B – CP1115 – NW City Hall Plaza Improvements: Assistant City Engineer Gaub answered questions asked by Chairman Wagner regarding the project design. Mayor Lewis stated that one of the primary costs fo r the project is the reconstruction of the ramp access for ADA complianc e. Item E – MS1003 – Airport Storm Water Inventory/Survey: Utilities Engineer Repp stated that he is waiting to receive the techn ical memo from the consultant, in response to a question asked by Vice -Chair Peloza. V. ADJOURNMENT There being no further business to come before the Public Works Committee, the meeting was adjourned at 4:10 p.m. Page 6 of 6 Rich Wagner Jennifer Rigsby Chairman Public Works Department Secretary CA.A
AGENDA BILL APPROVAL FORM Agenda Subject: Right-of-Way Use Permit No. 11-23 Date: September 27, 2011 Department: Public Works Attachments: Special Conditions Budget Impact: $0 Administrative Recommendation:Public Works Committee approve Right-of-Way Use Per mit No. 11-23 for King County Metro Transit.Background Summary:King County Metro Transit has requested a 5-year Ri ght-of-Way Use Permit for all of their bus stops located in the City of Auburn. Their previous permi t ROW 06-27 has recently expired and a new Right-of -Way Use permit is needed so that they may continue to have bus stops located in the City's right-of-wa y. The applicant is required to apply to the City for approval of any alterations, relocation, addition o r removals of bus stops. Please see the attached cond itions for additional requirements of the applicant . Reviewed by Council Committees:Public Works Councilmember:Wagner Staff:Mund Meeting Date:October 3, 2011 Item Number:CA.B AUBURN * MORE THAN YOU IMAGINED CA.B
Right-of-Way Use Permit # 11-23 Special Conditions The special conditions of this ROW Use Permit are: 1) Applicant’s failure to comply with any special provi sions/conditions of this permit will be terms for immediate termination. 2) Applicant is to provide and maintain a Certificate of Insurance. 3) Applicant is to provide a signed and notarized Hold Harmless. 4) Applicant shall apply to the City for approval of any alterations, relocations, additions, or removals of bus stops. 5) Applicant is required to secure separate construction permit(s) from the City when installing or removing bus shelters or enlarging o r pouring a concrete landing pad. 6) Applicant shall provide and maintain trash recepta cles at bus stop locations that have a shelter. Applicant shall also place a sig n indicating that the shelter stop is maintained by the operating transit age ncy with specific contact information, including phone number, to report probl ems with the stop. 7) The City reserves the right to eliminate, relocate or request enhancement of bus stop facilities. 8) Metro will strive to minimize the number of indiv idual bus stops in the downtown zone and to maximize the number of passengers boarding in the Auburn Transit Center. 9) The City reserves the right to adjust the terms and conditions or revoke this Right-of-Way Use Permit pending the following consider ations: a. Public complaints involving perceived issues impacting public use of the ROW affected by the permit. b. Public comment or other community interest concerns. c. Any emerging issue or change in use of the ROW that m ay impact the public interest, as follows: • The remaining capacity of the rights-of-way to accommod ate other uses if the applicant’s proposed use is granted. • The effect, if any, on public health, safety, and we lfare if the authorization is granted. • Such other factors as may demonstrate that the grant t o use the rights-of-way will serve the community interest. CA.B
AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1109 Date: September 26, 2011 Department: Public Works Attachments: Budget Status Sheet Vicinity Maps Budget Impact: $0 Administrative Recommendation:Public Works Committee recommend City Council appro ve award of Small Works Contract No. 11-15, to the lowest responsible bidde r for Project No. CP1109, 2011 Storm Pipeline Repair and Replacement Phase 1.Background Summary:This project will construct storm drainage conveyan ce improvements at various locations throughout the City at the following locations: 37th St NW Outfall , 36th St SE, and Academy Dr SE. Improvements inclu de replacement of 400 linear feet of 12-inch diameter storm culvert pipe (Academy Dr SE), installing a 48 -inch diameter catch basin with sluice gate (37th St NW Outfall), and construction of a new catch basin with 54 linear feet of storm pipe (36th St SE). Also inc luded in the project is 50 tons of asphalt pavement repair, 40 square yards of cement concrete driveway approac hes and restoration/replacement of disturbed landscaping. Because the bid opening will be held on September 2 9, 2011, the bid tabulation is not included in the packet. A revised agenda bill specifying the contra ctor and contract amount will be distributed to the Committee and Council at the meeting scheduled for October 3, 2011. This project is funded by the 432 Storm Utility Fun d. Reviewed by Council Committees:Public Works Councilmember:Wagner Staff:Lee Meeting Date:October 3, 2011 Item Number:CA.C AUBURN * MORE THAN YOU IMAGINED CA.C
Project No: CP1109Project Title: Project Manager: Robert Lee Project Initiation Initiation Date: _8/01/2011 __ Permision to Advertise Advertisement Date: _9/13/2011 _ Contract Award Award Date: ___________ Change Order Approval Contract Final Acceptance Funding Prior Years 20112012 Future Years Total 432 Fund - Storm R&R Program**0232,400165,0000397,400 Total 0232,400165,0000397,400 Activity Prior Years20112012Future YearsTotal Design Engineering - City Costs030,0000030,000 Construction Estimate 0151,900150,0000301,900 Project Contingency (10%)015,19015,000030,190 Construction Engineering - City Costs022,00013,310035,310 Total 0219,090178,3100397,400 Prior Years20112012Future YearsTotal *432 Funds Budgeted ( )0(232,400)(165,000)0(397,400)432 Funds Needed 0219,090178,3100397,400 *432 Fund Project Contingency ( )0 (13,310)000 432 Funds Required 0013,31000 * ( # ) in the Budget Status Sections indicates money the City h as available.** This is a portion of the 2011 and 2012 annual budg et for the Storm Repair & Replacement Program.Funds Budgeted (Funds Available)Estimated Cost (Funds Needed)BUDGET STATUS SHEET 2011 Storm Pipeline Repair and Replacement Program Date: September 20, 2011 The "Future Years" column indicates the projected amount to be requested in future budgets.432 Storm Budget Status H:\PROJ\CP1109-2011 Storm Pipeline Repair Replacement\Budget\Pip e R&R Budget Status.xlsPage 1 of 1 CA.C
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AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP0915 Date: September 27, 2011 Department: Public Works Attachments: Budget Status Sheet Summary of Project Scope Vicinity Map Budget Impact: $0 Administrative Recommendation:Public Works Committee recommend City Council grant permission to enter into Consultant Agreement No. AG-C-409 with Golder Assoc iates for design, survey and environmental services for Project No. CP0915, Well 1 Improvements Phase II.Background Summary:The Well 1 Improvements project will design and con struct improvements to bring the Well 1 to current City standards for source reliability, water qualit y, and system control/monitoring. The project, whic h is located 1130 M Street Southeast, will construct a n ew well house, a new variable speed pump/motor system, permanent chlorination, on-site emergency p ower, upgraded electrical/telemetry controls, a transmission line to the Howard Road Corrosion Cont rol Treatment Facility (CCTF), and integrate Well 1 flow with existing supplied water from the Coal Cre ek Springs at the CCTF. The project will also repla ce the existing storm drainage system on M Street SE, from Auburn Way South to 8th Street SE, including a n overflow connection from Well 1. This scope of services includes survey and base map ping, preliminary engineering, preliminary geotechnical investigations, environmental document ation and permitting, and final design (including plans, specifications, and estimates). The scope al so contains optional services for bidding assistanc e, construction support, record drawing preparation, a nd post commissioning services. See attached Consultant Agreement Summary for additional details . The Not-to-Exceed Amount for this agreement is $808 ,400. A project budget contingency of $1,716,090 remains in the 430 Water Utility Fund for 2011. Reviewed by Council Committees:Public Works Councilmember:Wagner Staff:Lee AUBURN * MORE THAN YOU IMAGINED CA.D
Meeting Date:October 3, 2011 Item Number:CA.D AUBURN * MORE THAN YOU IMAGINED CA.D
Project No: C P0915Project Title: Project Manager: Robert Lee Initiation/Consultant Agreement Initiation Date: _10/05/2009 ___ Permision to Advertise Advertisement Date: ________ Contract Award Award Date: ___________ Change Order Approval Contract Final Acceptance Funding Prior Years 20112012 Future Years Total 430 Fund - Water 108,1842,080,000720,81002,908,994 432 Fund - Storm Utility 00250,0000250,000 Total108,1842,080,000970,81003,158,994 Activity Prior Years 20112012Future YearsTotal Design Engineering - City Costs10,07110,00010,000030,071 Preliminary Engineering - Consultant Costs98,11378,91000177,0 23 Design Engineering - Consultant Costs0275,000214,0000489,000 Construction Estimate 00750,0001,000,0001,750,000 Project Contingency (15%)00112,500150,000262,500 Construction Engineering - City Costs0065,00065,000130,000 Construction Engineering - Consultant Costs**00175,000145,40 0320,400 Total108,184363,9101,326,5001,360,4003,158,994 Prior Years 20112012Future YearsTotal *430 Funds Budgeted ( )(108,184)(2,080,000)(720,810)0(2,908,994)430 Funds Needed 108,184363,9101,076,5001,360,4002,908,994 *430 Fund Project Contingency ( )0 (1,716,090)00(0)430 Funds Required 00355,6901,360,4000 Prior Years20112012Future YearsTotal *432 Funds Budgeted ( )00 (250,000)0(250,000)432 Funds Needed 00250,0000250,000 *432 Fund Project Contingency ( )00000 432 Funds Required 00000 * ( # ) in the Budget Status Sections indicates Money the City h as available.** This expense is reflective of the Optional Services included in the Consultant Agreement.BUDGET STATUS SHEET Well 1 Improvements Date: September 20, 2011 The "Future Years" column indicates the projected amount to be requested in future budgets.Funds Budgeted (Funds Available)Estimated Cost (Funds Needed)432 Storm Budget Status 430 Water Budget Status H:\PROJ\CP0915-Well 1 Improvements\Budget\CP0915-BudgetStatusSheet.xls Page 1 of 1 CA.D
CP0915, WELL 1 IMPROVEMENTS – PHASE II PROJECT CONSULTANT SCOPE OF WORK SUMMARY PAGE 1 OF 3 CP0915 – Well 1 Improvements Project – Phase II City of Auburn Scope for Design, Survey, and Environmental Service s - Summary This Summary of the Scope of Work is for CP091, Well 1 Improvements Project. This scope includes survey and base mapping, preliminary engineering, p reliminary geotechnical investigations, environmental documentation and permitting, and fin al design (including plans, specifications, and estimates). The scope also contains optional servi ces for bidding assistance, construction support, r ecord drawing preparation, and post commissioning service s. Project Description The Well 1 Improvements project will design and con struct improvements to bring the Well 1 to current City standards for source reliability, water qualit y, and system control/monitoring. The project, whic h is located 1130 M Street Southeast, will construct a n ew well house, a new variable speed pump/motor system, permanent chlorination, on-site emergency p ower, upgraded electrical/telemetry controls, a transmission line to the Howard Road Corrosion Cont rol Treatment Facility (CCTF), and integrate Well 1 flow with existing supplied water from the Coal Cre ek Springs at the CCTF. The project will also repl ace the existing storm drainage system on M Street SE, from Auburn Way South to 8th Street SE, including an overflow connection from Well 1. Project Management This task will be continuous throughout the project duration, which is assumed to be 14 months. It wil l include the work necessary to set up and plan the en tire project and establish project-specific procedu res, including communication, overall project coordinati on with the City and project team, and project closeout. Alternatives Analysis The alternatives analysis will evaluate different o ptions for the project. The decision criteria for the analysis shall include cost/benefit, maintenance an d operation considerations, constructability, reliability and component lifecycle. The Consultan t shall develop alternatives, create a decision mat rix, provide recommendations, and document the decision process and final outcome. The alternatives analysis will be presented in a te chnical memo with a Consultant recommendation for the City to review and select from the preferred al ternatives. The decision process and final outcome will be described in the memo and these components will be used in the preliminary design. Preliminary Design Using the layouts developed during the alternatives analysis and technical memo, a Preliminary Design package will be developed. The preliminary design package will consist of Basis of Design Report, plans, outlined specifications, cost estimate and d raft and final Department of Health (DOH) Project Report for the selected alternative. CA.D
CP0915, WELL 1 IMPROVEMENTS – PHASE II PROJECT CONSULTANT SCOPE OF WORK SUMMARY PAGE 2 OF 3 Survey and Geological Investigation A survey will be performed at the Well 1 site, alon g the transmission line alignment along 17th Street SE and R Street SE, and measure downs for manholes and catch basins in M Street. The results and findings will be presented in a geo technical investigation report that will contain a site map showing the exploration location, boring logs, results of the laboratory testing, foundation recommendations for the well house, and backfill re commendations for the water line. Well Improvements and Connection to the System The Consultant will prepare the design for the impr ovements at the well location, including the well house structure, pump and motor, piping and appurten ances, waste discharge system, monitoring well, and electrical improvements. Electrical improvement s will consist of a new power, instrumentation and control system, including variable frequency drive (VFD) motor controls, power and control wiring, lighting, connections for HVAC and on-site emergenc y power. The Consultant will prepare a preliminary monitorin g well design based on the expected hydrogeologic conditions at the site and final well completion. The Consultant will prepare the design for the stor m drain replacement on M Street between Auburn Way South and 8th Street Southeast consisting of ap proximately 2,500 linear feet of storm sewer. The portion from Auburn Way South to Well 1 (approximat ely 1,600 linear feet) will be replaced with 12-inc h storm sewer to replace the 12-inch existing. The r emaining segment will be sized to accommodate the stormwater emergency overflow from the Well 1 site. Design for the water transmission main and the conn ection to the CCTF will include approximately 4,500 feet of 12 inch main and will be aligned from the w ell site along M Street Southeast to Auburn Way, th en along Auburn Way to 17th Street Southeast, then alo ng 17th Street Southeast to R Street Southeast, the n along R Street Southeast to Howard Road, and along H oward Road to the CCTF. Consultant will coordinate with the City’s SCADA Im provements Consultant, Technical Systems, Inc. (TSI) for the integration of the system modificatio ns and control changes at the CCTF, as well as the controls at Well 1, into the City’s SCADA system. Permitting Support The Consultant shall provide support necessary to c omplete the three required permitting documents. These include a State Environmental Policy Act (SEP A) checklist, State Department of Archaeology and Historic Preservation’s Historic and Cultural Resou rces Review, and a City building permit. The Historic and Cultural Resources Review will consist of submittal of an EZ-1 Form to the City. Final Design Documents The Consultant shall prepare final design drawings, specifications, and cost estimate for incorporation in the final bid documents package. Engineering desig n drawings technical specifications and costs estimates will be prepared at the 60-percent, 90-pe rcent and 95- percent levels. Total Primary Consultant Services = $489,000 CA.D
CP0915, WELL 1 IMPROVEMENTS – PHASE II PROJECT CONSULTANT SCOPE OF WORK SUMMARY PAGE 3 OF 3 Optional Services Bidding Services – The Consultant may provide the following service s as requested by the City: • Providing written responses to questions during bid ding. • Preparation of Addenda documents if required Construction Support – Per the City’s request, an optional task for con struction support is included in the scope of work. The Construction Support Task w ill be evaluated at 90-percent design. The Consultant will support City staff during the c onstruction phase for the Well 1 site, Monitoring W ell, offsite water transmission line, offsite storm drai n line, and modifications of the Howard Rd CCTF. C ity staff will provide overall construction management; the Consultant will provide additional technical assistance. Preparation of Record Drawings – U pon completion of the construction phase of the pro ject, Consultant will prepare record drawings for the civil, electri cal and mechanical drawings for the project. Post Commissioning Services - The Consultant will provide up to 16 hours of on -going support for City requested, post-Final Acceptance changes. Services shall be in the following areas: • Operations - Provide training on all manual, automatic, progr ammed, communications, hardware and software operation aspects of the syst em. • Maintenance Operations - Provide training on all manual, automatic, progr ammed, communications, hardware and software operation asp ects of the system. Total Optional Consultant Services = $320,400 CA.D
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AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP0920 Date: September 27, 2011 Department: Public Works Attachments: Budget Status Sheet Final Pay Estimate Vicinity Map Budget Impact: $0 Administrative Recommendation:Public Works Committee recommend City Council appro ve Final Pay Estimate No. 7 to Contract No. 10-26 in the amount of $20,381.99 and accept construction of Project No. CP0920 2009 AC Watermain Replacement.Background Summary:This project replaced 4,600 linear feet of asbestos concrete (AC) water main with 470 linear feet of 4 -inch and 4,155 linear feet of 8-inch diameter ductile ir on water main; replaced 345 linear feet of storm dr ainage piping; installed 1 pressure reducing valve station , air relief valves, fire hydrants, water services and appurtenances. The roadways affected by the waterli ne replacement were rubblized and overlayed. A project budget contingency of $183,123 remains in the 430 Water Fund. Reviewed by Council Committees:Public Works Councilmember:Wagner Staff:Lee Meeting Date:October 3, 2011 Item Number:CA.E AUBURN * MORE THAN YOU IMAGINED CA.E
Project No: CP09 20Project Title: 2009 AC Water Main Replacement Project Manager: Robert Lee Project Initiation Initiation Date: _2/7/2010 _ Permision to Advertise Advertisement Date: _11/30/2010 _ Contract Award Award Date: _12/20/2010 _ Change Order Approval Contract Final Acceptance Funding Prior Years 20102011 Future Years Total 430 Fund - Water Repair and Replacement0020,000020,000 430 Fund - Water Bond7,02368,505924,47201,000,000 432 Fund - Storm Drainage Utility0050,000050,000 103 Fund - Local Streets**00119,0320119,032 Total7,02368,5051,113,50401,189,032 **These funds are a portion of the 2011 Save Our Stree ts Program Activity Prior Years20102011Future YearsTotal Design Engineering - City Costs7,02359,4001,263067,686 Design Engineering - Consultant Costs08,576008,576 Construction Contract Bid 00713,8320713,832 Change Order #1 00 (110)0 (110)Change Order #2 0010,396010,396 Change Order #3 00119,0320119,032 Change Order #4 00000 Change Order #5 00000 Line Ite m Changes 0026,177026,177 Construction Engineering - City Costs052851,179051,707 Construction Engineering - Consultant Costs007,91207,912 Total7,02368,505929,68101,005,209 Prior Years20102011Future YearsTotal *103 Funds Budgeted ( )00(119,032)0(119,032)103 Funds Needed 00119,0320119,032 *103 Fund Project Contingency ( )00(0)0(0)103 Funds Required 00000 Prior Years20102011Future Years Total *430 Funds Budgeted ( )(7,023)(68,505)(944,472)0(1,020,000)430 Funds Needed 7,02368,505760,6490836,177 *430 Fund Project Contingency ( )0 (0)(183,823)0(183,823)430 Funds Required 00000 Prior Years20102011Future Years Total *432 Funds Budgeted ( )00 (50,000)0(50,000)432 Funds Needed 0050,000050,000 *432 Fund Project Contingency ( )00000 432 Funds Required 00000 * ( # ) in the Budget Status Sections indicates Money the City h as available.BUDGET STATUS SHEET Date: September 23, 2011 The "Future Years" column indicates the projected amount to be requested in future budgets.Funds Budgeted (Funds Available)Estimated Cost (Funds Needed)430 Water Budget Status 432 Storm Drainage Budget Status 103 Local Streets Budget Status H:\PROJ\CP0920 2009 AC Watermain Replacement\Budget\CP0920 Bud getStatusSheet.xls 1 of 1 CA.E
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AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4753 Date: September 16, 2011 Department: Public Works Attachments: Resolution No. 4753 Project Summary Map Budget Impact: $0 Administrative Recommendation:Public Works Committee recommend that City Council adopts Resolution No. 4753.Background Summary:Resolution No. 4753 authorizes the Mayor to execute a Construction Loan Agreement the Washington State Public Works Trust Fund Board (PWTF) for the design, property acquisition, and construction phases of the M Street SE Underpass Project (Projec t). The Freight Mobility Strategic Investment Board (FMS IB) will withdrawal its $6,000,000 grant awarded to the City for the Project construction if the Projec t is not advertised for construction bids by the en d of this year. The PWTF loan will be used to fill the projec t funding gap so the project can be advertised for construction bids by the end of this year. Per the agreement, the City may draw up to the maximum loan amount of $6,800,000. The actual amount drawn will depend on whether or not the City is awarded a Transportation Improvement Board (TIB) grant, actua l construction costs, and other funding considerations. The loan interest rate is 0.5% with a 30-year term. If the project construction is completed within 4-years of the Construction Loan Agreement execution date, the interest rate will be lowered to 0.25%. Debt servicing costs for this loan will be included in t he upcoming updated Capital Facilities Plan (CFP). Reviewed by Council Committees:Finance, Public Works Councilmember:Wagner Staff:Sweeting Meeting Date:October 3, 2011 Item Number:RES.A AUBURN * MORE THAN YOU IMAGINED RES.A
----------------------------- Resolution No. 4753 September 15, 2011 Page 1 of 3 RESOLUTION NO. 4753 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A CONSTRUCTION LOAN AGREEMENT BETWEEN THE CITY OF AUBURN AND THE WASHINGTON STATE PUBLIC WORKS BOARD RELATING TO THE M STREET SE UNDERPASS PROJECT (C201A) WHEREAS, the City was awarded a Publ ic Works Trust Fund Loan in the amount not to exceed $6,800,000 to assist in the design, property acquisition, and construction of the M Street SE Under pass Project (Project) that does not require a local match; and WHEREAS, the City has qualified for a 0.5% interest rate and a 30-year term and the interest rate may be reduc ed to 0.25% percent if the Project construction is completed within four years of the loan agreement execution date; and WHEREAS, it is in the bes t interest of the City to use this loan to finance the Project funding gap so the project can be adverti sed for construction bids this year and meet the Fr eight Mobility Strategic In vestment Board’s (FMSIB) schedule requirements; and RES.A
----------------------------- Resolution No. 4753 September 15, 2011 Page 2 of 3 WHEREAS, if the project is not advert ised for construction bids this year, the City will loose a $6,000,000 grant awarded by FM SIB for the project’s construction; and WHEREAS, the Washington State P ublic Works Board requires the execution of a Construction Loan Ag reement to utilize these funds. NOW, THEREFORE, THE CITY CO UNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor is hereby authorized to execute a Construction Loan Agreement between the City and Washi ngton State Public Works Board for the design, property acquisition, and co nstruction phases of the M Street SE Underpass Project in the total amount not to exceed $6,800,000, in substantial conformity with the agreement attached hereto, marked as Exhibi t “A” and incorporated herein by this reference. In addition, the Mayor is hereby authorized to execute any necessary fu ture agreement amendments related to the Construction Loan Agreement. RES.A
----------------------------- Resolution No. 4753 September 15, 2011 Page 3 of 3 Section 2. The Mayor is hereby author ized to implement such administrative procedures as may be necessa ry to carry out the directions of this legislation. Section 3. That this Resolution shall take effect and be in full f orce upon passage and signatures hereon. Dated and Signed this _____ day of _________, 2011. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: ______________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _____________________ Daniel B. Heid, City Attorney RES.A
Washington State Public Works Board 1011 Plum Street SE Post Office Box 42525 Olympia, Washington 98504-2525 Administrative services provided by the Washington State Department of Commerce (360) 725-3150 Fax (360) 586-844 0 www.pwb.wa.gov September 22, 2011 Dennis Dowdy City of Auburn 25 West Main Street Auburn , WA 98001 RE: Public Works Trust Fund (PWTF) Construction Loan Contract: PC12-951-012 Dear Mr. Dowdy : Enclosed are two originals of the Public Works Trust Fund Const ruction Loan Contract PC12-951-012 between City of Auburn and the Public Works Board (Board). This Contract details the t erms and conditions that will govern the agreement between us. You will also find the project’s Scope of Work and an Attorney’s Certification as formal attachments to the contract. Please review the terms and conditions of the Contract carefully. We recommend consulting with your legal advisor before accepting this loan offer. When you have obtained the appropriate original signatures (do not use signature stamps), return both original contracts and all the attachments to the Public Works Bo ard office within 60 calendar days of the date of this letter. Failure to return the contracts withi n this timeline may result in the loan offer being withdrawn. After the Contracts have been signed by the Board, one fu lly executed original along with instructions for drawing funds will be mailed to you. We encourage you to store these and all pertinent documents associated with this project and loan offer in a file that is readily accessible to auditors for their periodic review. If you haven’t already completed the required Historic al and Cultural Resources Review for your project, please refer to the instructions and EZ1 form attached for your convenience. If you have questions about this Historical and Cultural Review process, plea se contact your Client Services Representative. We look forward to working with you over the course of your successf ul public works project. If you have any questions about this Contract, please contact me at (360) 7 25-3153 or at Ann.Campbell@commerce.wa.gov. Sincerely, Ann E Campbell Project, Policy, & Performance Coordinator Enclosures ATTACHMENT A RES.A
City of Auburn Page 2 Contract Terms and Conditions PC12-951-012 9/22/2011 Construction Loan Contract Washington State Public Works Board 1011 Plum Street SE Post Office Box 42525 Olympia, Washington 98504-2525 2012 Construction Loan Agreement between: City of Auburn and Public Works Board For: Project Name: M Street SE Grade Separation Loan Number: PC12-951-012 Loan Type: Construction Execution/Start Date: (to be filled by the Public Works Board) RES.A
City of Auburn Page 3 Contract Terms and Conditions PC12-951-012 9/22/2011 Construction Loan Contract TABLE OF CONTENTS CONTRACT FACE SHEET ....................................................................................................... 5 CONTRACT TERMS AND CONDIT IONS ................................................................................. 6 Part 1.SPECIAL TERMS AND CONDITIONS .......................................................................... 6 1.1.Definitions ............................................................................................................................... 6 1.2.Authority .................................................................................................................................. 6 1.3.Purpose ................................................................................................................................... 6 1.4.Order of Pr ecedence .............................................................................................................. 6 1.5.5- year deferral for start-up systems ....................................................................................... 6 1.6.Competitive Bidding Requirements ........................................................................................ 7 1.7.Default in Repayment ............................................................................................................. 7 1.8.Investment Grade Audit .......................................................................................................... 7 1.9.Local Matching Share and E ligible Project Costs ................................................................... 7 1.10.Historical and Cult ural Resources .......................................................................................... 8 1.11.Performance In centives .......................................................................................................... 8 1.12.Project Completion Amendment and Cert ified Project Comp letion Report ............................ 9 1.13.Project Signs ........................................................................................................................... 9 1.14.Rate and Term of Loan ........................................................................................................... 9 1.15.Recapture ............................................................................................................................... 9 1.16.Reimbursement Procedures and Payment ............................................................................. 9 1.17.Repayment ............................................................................................................................ 11 1.18.Reports ................................................................................................................................. 11 1.19.Termination for Cause .......................................................................................................... 11 1.20.Termination for Convenience ................................................................................................ 11 1.21.Time of Performance ............................................................................................................ 12 Part 2.GENERAL TERMS AND CONDITIONS ...................................................................... 13 2.1.DEFINITIONS ....................................................................................................................... 13 2.2.Allowable Costs .................................................................................................................... 13 2.3.ALL WRITINGS CONT AINED HERE IN ............................................................................... 13 2.4.AMENDMENTS .................................................................................................................... 13 2.5.AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the “ADA ” 28 CFR Pa rt 35 ............................................................................. 13 2.6.APPROVAL ........................................................................................................................... 13 2.7.ASSIGNMENT ...................................................................................................................... 13 2.8.ATTORNEYS’ FEES ............................................................................................................. 1 4 2.9.AUDIT ................................................................................................................................... 14 2.10.CODE REQUIR EMENTS ..................................................................................................... 15 2.11.CONFIDENTIALITY/SAFEGUARD ING OF INFORMATION ............................................... 15 2.12.CONFORMA NCE ................................................................................................................. 1 6 2.13.COPYRIGHT PROVISIONS ................................................................................................. 16 2.14.DISALLOWED COSTS ......................................................................................................... 16 2.15.DISPUTES ............................................................................................................................ 16 2.16.DUPLICATE PAYMENT ....................................................................................................... 17 2.17.ETHICS/CONFLICTS OF INTEREST .................................................................................. 17 2.18.GOVERNING LAW AND VENUE ......................................................................................... 17 RES.A
City of Auburn Page 4 Contract Terms and Conditions PC12-951-012 9/22/2011 Construction Loan Contract 2.19.INDEMNIFICATION .............................................................................................................. 17 2.20.INDEPENDENT CAPACITY OF THE CONTRACTOR ........................................................ 17 2.21.INDUSTRIAL INSURA NCE COVERAGE ............................................................................. 17 2.22.LAWS .................................................................................................................................... 18 2.23.LICENSING, ACCREDITATIO N AND REGIST RATION ...................................................... 18 2.24.LIMITATION OF AUTHORITY .............................................................................................. 18 2.25.Local Public Transporta tion Coordi nation ............................................................................. 18 2.26.NONCOMPLIANCE WITH NONDI SCRIMINATION LAWS ................................................. 19 2.27.POLITICAL AC TIVITIES ....................................................................................................... 19 2.28.PREVAILING WAGE LAW ................................................................................................... 19 2.29.PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION ................................ 19 2.30.PUBLICITY ........................................................................................................................... 19 2.31.RECAPTURE ........................................................................................................................ 19 2.32.RECORDS MAINTENANCE ................................................................................................. 20 2.33.REGISTRATION WITH DEPAR TMENT OF R EVENUE ...................................................... 20 2.34.RIGHT OF IN SPECTION ...................................................................................................... 20 2.35.SAVINGS .............................................................................................................................. 20 2.36.SEVERABILITY .................................................................................................................... 20 2.37.SUBCONTRAC TING ............................................................................................................ 21 2.38.SURVIVAL ............................................................................................................................ 21 2.39.TAXES .................................................................................................................................. 21 2.40.TERMINATION FOR CAU SE / SUSPENSION .................................................................... 21 2.41.TERMINATION FOR CONVENIENCE ................................................................................. 22 2.42.TERMINATION PROCEDURES ........................................................................................... 22 2.43.WAIVER ................................................................................................................................ 22 ATTACHMENT I: SC OPE OF WORK ..................................................................................... 23 A. PROJECT’S SCOPE OF WORK ........................................................................................... 23 B. ESTIMATED PROJECT COSTS ........................................................................................... 24 C. ANTICIPATED PROJECT FUNDING .................................................................................... 25 ATTACHMENT II: ATTORNEY’S CERTIFICATION ................................................................. 26 RES.A
City of Auburn Page 5 Contract Terms and Conditions PC12-951-012 9/22/2011 Construction Loan Contract CONTRACT FACE SHEET Contract Number: PC12-951-012 Washington State Department of Commerce PUBLIC WORKS BOARD CONSTRUCTION LOAN CONTRACT 1. Contractor 2. Contractor Doing Business As (optional) City of Auburn 25 West Main Street Auburn , WA 98001 N/A 3. Contractor Representative 4. Public Works Board Repr esentative N/A N/A 5. Contract Amount 6. Funding Source 7. Contract Start Date 8. Contract End Date $6,800,000.00 Federal: State: 5 Other: N/A: Contract Execution Date June 1, 2042 9. Federal Funds (as applicable) N/A Federal Agency N/A CFDA Number N/A 10. Tax ID # 11. SWV # 12. UBI # 13. DUNS # 916001228 14. Contract Purpose Fund a project of a local government for the planning, acquisition, construction , repair, reconstruction, replacement, rehabilitation, or improvement of streets and roads, bridges, drinking water systems, stormwater systems, sanitary sewage systems, and solid wa ste facilities, including recycling facilities. The Board, defined as the Washington State Public Works Board, and Cont ractor acknowledge and accept the terms of this Contract and attachments and have executed this Contract on the date below to start as of the date and year last written below. The rights and obligat i ons of both parties to this Contract are governed by this Contract and the following other documents incorp orated by reference: Contract Terms and Conditions including Attachment I: Scope of Work, and A ttachment II: Attorney’s Certification. FOR THE CONTRACTOR FOR PUBLIC WORKS BOARD Signature Print Name Title Date John LaRocque, Executive Director Date APPROVED AS TO FORM ONLY This 7th Day of June, 2011 Rob McKenna Attorney General Signature on file Kathryn Wyatt Assistant Attorney General RES.A
City of Auburn Page 6 Contract Terms and Conditions PC12-951-012 9/22/2011 Construction Loan Contract CONTRACT TERMS AND CONDITIONS PUBLIC WORKS BOARD CONSTRUCTION LOAN PROGRAM Part 1. SPECIAL TERMS AND CONDITIONS 1.1. Definitions As used throughout this Construction Loan Contract the following terms shall have the meaning set forth below: A. “Contract” shall mean this Construction Loan Contract. B. “Contractor” shall mean the local government id entified on the Contract Face Sheet performing service(s) under this Contract and who is a Party to the Contract , and shall include all employees and agents of the Contractor. C. “The Board” shall mean the Washington State P ublic Works Board created in Revised Code of Washington (RCW) 43.155.030, and wh o is a Party to the Contract. 1.2. Authority Acting under the authority of Chapter 43.155 RCW, the Board has awarded the Contractor a Public Works Trust Fund construction loan for an approved public works proje ct. 1.3. Purpose The Board and the Contractor have entered into this Cont ract to undertake a local public works project that furthers the goals and objec tives of the Washington St ate Public Works Program. The project will be undertaken by the Contractor and will include the ac tivities described in ATTACHMENT I: SCOPE OF WORK. The project must be undertaken in accordance with the loan terms and conditions, and all applicable federal, state and local laws and ordinances, w h ich by this reference are incorporated into this Contract as though set forth fully herein. 1.4. Order of Precedence In the event of an inconsistency in this Contract, t he inconsistency shall be resolved by giving precedence in the following order: A. Applicable federal and state of Washington statutes and re gulations. B. Special Terms and Conditions including attachments. C. General Terms and Conditions. 1.5. 5- year deferral for start-up systems If the project financed by this contract is to develop a system to deliver previously unavailable services, and revenue from those services is to repay the loan, the new system is e ligible for a deferral of loan payments for sixty (60) months after the Contract execution date . The Contractor may provide a written request to the Board requesting a 5-year deferral for an eligible sy stem. The Board may approve the deferral request. Interest accrues for the aforementioned sixty (60) months. The a ccrued interest only payment is due June 1 of the 6th year of the loan term. Interest and prin cipal payments are due on June 1 of the 7th year of the loan term. RES.A
City of Auburn Page 7 Contract Terms and Conditions PC12-951-012 9/22/2011 Construction Loan Contract 1.6. Competitive Bidding Requirements The Contractor shall comply with the provisions of RCW 43.155.060 regarding competitive bidding requirements for projects assisted in whole or in part with money from the Public Works Program. 1.7. Default in Repayment Loan repayments shall be made on the loan in accordance with Section 1.16 of this Contract. A payment not received within thirty (30) days of the due date sh all be declared delinquent. Delinquent payments shall be assessed a monthly penalty beginning on the first (1st) day past the due date. The penalty will be assessed on the entire payment amount. The penalty will be one percent (1%) per month or twelve percent (12%) per annum. The same penalty terms shall apply at project completion if the repayment of loan funds in excess of eligible costs are not repaid at the time of the Project Completion Amendment is submitted, as provided for in Section 1.11. The Contractor acknowledges and agrees to the Bo ard’s right, upon delinquency in the payment of any annual installment, to notify any other entity, creditors, or potential creditors of the Contractor of such delinquency. The Contractor shall be responsible for all legal fees incurre d by the Board in any action undertaken to enforce its rights under this section. 1.8. Investment Grade Audit For projects involving repair, replacement, or improvem ent of a wastewater treatment plant, or other public works facility for which an investment grade audit is obtainable, Contractor must undertake an investment grade audit. Costs incurred as part of the investment grade audit are eligible project costs. 1.9. Local Matching Share and Eligible Project Costs The Contractor pledges to use an amount of matchi ng funds as local project share of not less than $0.00 applied to the total eligible portion of the project co st as identified in ATTACHMENT I: SCOPE OF WORK. State and federal grants are not considered local matching funds. Expenditures on eligible project activities incurred up to twelve (12) months prior to the execut ion of this Contract may be used as match for local project share. The amount of local funds used for the project will be verified and the percentage t hat this figure represents of the total project cost will be calculated at project co mpletion. If and to the extent the actual percentage of local match exceeds the proposed match percentage, t he loan amount and/or the interest rate charged may be adjusted. At a minimum, the match provided cannot be less than the original match pledged at the time of contract execution. The interest rate adjustment will apply to the remaining payments beginning the fiscal year of project completion. The Contractor agrees to execute the Project Completion Amendment as an amendment to this Contract adjusting the loan amount or interest rate, as appropriate. Eligible project costs must consist of expenditures eligible under Washington Administrative Code (WAC) 399-30-030 and be related only to project activities described in ATTACHMENT I: SCOPE OF WORK. Eligible costs for reimbursement shall be construed to mean expenditures incurred and paid, or incurred and payable within thirty (30) days of the reimburs ement request. Only costs that have been incurred on or after September 1, 2010 , and which are not counted as local share, are eligible for reimbursement under this Contract. The Contractor assures compliance with WAC 399-30-030, which identifies eligible costs for projects assisted with Public Works Program loans. These terms supersede the terms in Section 2.2. Allowable Costs. RES.A
City of Auburn Page 8 Contract Terms and Conditions PC12-951-012 9/22/2011 Construction Loan Contract 1.10. Historical and Cultural Resources Prior to commencing construction, Contractor shall complete the requirements of Governor’s Executive Order 05-05, or, as a substitute for completion of Governor’s Executive Order 05-05, Contractor shall complete Section 106 of the National Historic Preserva tion Act. Contractor agrees that the Contractor is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural artifacts and agrees to hold harmless the Board and the State of Washington in relation to any claim related to such histor ical or cultural artifacts discovered, disturbed, or damaged as a result of the project funded by this Contract. In addition to the requirements set forth in this Contrac t, Contractor shall, in accordance with Governor’s Executive Order 05-05, coordinate with the Washin gton State Department of Archaeology and Historic Preservation (DAHP), including any recommended consulta tion with any affected tribe(s), during project design and prior to construction to det ermine the existence of any tribal cultural resources affected by the proposed project funded by this Contract. Contractor agrees to avoid, minimize, or mitigate impacts to the cultural resource as a continuing pre-requisit e to receipt of funds under this Contract. The Contractor agrees that, unless the Contractor is proceeding under an approved historical and cultural monitoring plan or other memorandum of agreement, if hi storical or cultural artifacts are discovered during construction, the Contractor shall immediately stop co nstruction and notify the local historical preservation officer and the state's historical preservation offi cer at DAHP. If human remains are uncovered, the Contractor shall report the presence and location of the remains to the coroner and local enforcement immediately, then contact DAHP and the concer ned tribe’s cultural staff or committee. The Contractor shall require this provision to be contained i n all sub-contracts for work or services related to ATTACHMENT I: SCOPE OF WORK. In addition to the requirements set forth in this Co ntract, Contractor agrees to comply with RCW 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and, WAC 25-48 regarding Archaeological Excavation and Removal Permits. Completion of the Section 106 of the National Historic Preservation Act shall substitute for completion of Governor’s Executive Order 05-05. In the event that the Contractor finds it nec essary to amend ATTACHMENT I: SCOPE OF WORK, the Contractor may be required to re-comply with Govern or’s Executive Order 05-05 or Section 106 of the National Historic Preservation Act. 1.11. Performance Incentives The Contractor shall complete the project no later th an sixty (60) months after the date of contract execution. Should the Contractor complete the project within forty-eigh t (48) months of the dat e of contract execution, the Contractor may choose one of the two following incenti ves upon project completion: Option A: The repayment period will be increased by twenty-four (24) months, not to exceed the life of the asset, OR: Option B: The interest rate will be decrea sed by one-quarter of on e percent (0.25%). Should the Contractor complete the project within thirty-s ix (36) months of the date of contract execution, the Contractor may choose one of the following two incenti ves upon project completion: Option C: The repayment period will be increased by sixty (60) months, not to exceed the life of the asset, OR; Option D: The interest rate will be decrease d by up to one-half of one percent (0.50%). RES.A
City of Auburn Page 9 Contract Terms and Conditions PC12-951-012 9/22/2011 Construction Loan Contract Once an option is selected, the Contract shall be modified to note the appropriate change and no further adjustment to the Contract for Perfor mance Incentives shall be authorized. Irrespective of the performance incentive chosen, at no point in time shall t he minimum loan interest rate be less than 0.25%. The calculation of interest rate and term adjustments will apply to the remaining payments. 1.12. Project Completion Amendment and Certified Project C ompletion Report The Contractor shall complete a Certified Project Completion Report when all activities identified in ATTACHMENT I: SCOPE OF WORK are complete. The Boar d will supply the Contract or with the Certified Project Completion Report form, which shall include: A. A certified statement that the project, as described in ATTACHMENT I: SCOPE OF WORK, is complete and, if applicable, meet s required standards. B. A certified statement of the actual dollar amount s spent, from all funding sources, in completing the project as described in A TTACHMENT I: SCOPE OF WORK. C. Certification that all costs associated with the project have bee n incurred and have been accounted for. Costs are incurred when goods and services are re ceived and/or contract work is performed. D. A final voucher for the remaining eligible funds. The Contractor will submit the Certified Project Comple tion Report together with the last Invoice Voucher for a sum not to exceed the balance of the loan amount. The final Invoice Voucher payment shall not occur prior to the completion of all project activities identified in ATTACHMENT I: SCOPE OF WORK and the Board’s receipt and acceptance of the Ce rtified Project Completion Report. The Project Completion Amendment shall serve as an amendment t o this Contract determining the final loan amount, local share, term, and interest rate. 1.13. Project Signs If the Contractor displays, during the period covered by this C ontract, signs or markers identifying those agencies participating financially in the approved pr oject, the sign or marker must identify the Washington State Public Works Trust Fund as a participant in the project. 1.14. Rate and Term of Loan The Board shall loan the Cont ractor a sum not to exceed $6,800,000.00 . The interest rate shall be 0.50% per annum on the outstanding principal balance . The term of the loan shall not exceed 30 years, with the final payment due June 1, 2042 . 1.15. Recapture The right of recapture shall exist for a period not to ex ceed six (6) years following contract termination. In the event that the Board is required to institute legal proceedings to enf orce the recapture provision, the Board shall be entitled to its costs thereof, including att orney’s fees. These terms supersede the terms in Section 2.31. Recapture. 1.16. Reimbursement Procedures and Payment If funding or appropriation is not available at the time the invoice is submitted, or when this contract is executed, the issuance of warrants will be delayed or suspended until such time as funds or appropriation become available. Therefore, subject to the availability of funds, warrant s shall be issued to the Contractor for reimbursement of allowable expenses incurred by the Contractor while undertaking and administering approved project activities in accordance with ATTACHMENT I: SCOPE OF WORK. RES.A
City of Auburn Page 10 Contract Terms and Conditions PC12-951-012 9/22/2011 Construction Loan Contract The Board shall reimburse the Contractor for eligible project expenditures up to the maximum loan amount under this contract, as identified in Section 1.13. When requesting reimbursement for costs incurred, the Contractor shall submit a signed and completed Invoice Vouche r (Form A19), referencing the ATTACHMENT I: SCOPE OF WORK project activity per formed, and any appropriate documentation such as bills, invoices, and receipts. The Invoice Voucher mu st be certified by an official of the Contractor with authority to bind the Contractor. Each Invoice Voucher must be accompanied by a Projec t Status Report, which describes, in narrative form, the progress made on the project since the last invoice wa s submitted, as well as a report of project status to date. The Board will not release payment for any reimbursement request received unless and until the Project Status Report is received. After approving the Invoice Voucher and the Project Status Report, the Board shall promptly remit a warrant to the Contractor. Requests for reimbursemen ts for costs related to construction activities will not be accepted until the Contractor provides: x Proof of compliance with Governor’s Executive Orde r 05-05 or Section 106 of the National Historic Preservation Act, as described in Section 1.9, and x An signed Public Works Trust Fund Notice of Cont ract Award and Notice to Proceed, which follows the formal award of a construction contract. The Contractor shall submit all Invoice Vouchers and all require d documentation to: Contracts Administration Unit Department of Commerce PO Box 42525 Olympia, WA 98504-2525 The Board will pay the Contractor upon acceptance of the work performed and receipt of properly completed invoices. Invoices shall be submitted to the Board not more often than monthly. Payment shall be considered timely if made by the Board within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the ad dress designated by the Contractor. The Board may, at its sole discretion, terminate the contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this contract. No payments in advance or in anticipation of services or supplies to be provided under this contract shall be made by the Board. Duplication of Billed Costs. If the Contractor is entitled to payment or has been or will be paid by another source for an eligible project cost, then the Contractor shall not be reimbursed by the Board for that cost. Disallowed Costs. The Contractor is responsible for any audit ex ceptions or disallowed costs incurred by its own organization or that of its subcontractors. In no event shall the total Public Works loan exceed 100.00% of the eligible actual project costs. At the time of project completion, the Contractor shall submit, to the Board, a Project Completion Amendment certifying the total actual project costs and local share. The final Pu blic Works loan disbursement shall bring the total loan to the lesser of 100.00% of the eligible project costs or the total of $6,800,000.00 . The Project Completion Amendment shall serve as an amendment to this Co ntract determining the final loan amount, local share, and interest rate. In the event that the final costs identified in the Proje ct Completion Amendment indicate that the Contractor has received Public Works Trust Fund monies in excess of 100.00% of eligible costs, a ll funds in excess of RES.A
City of Auburn Page 11 Contract Terms and Conditions PC12-951-012 9/22/2011 Construction Loan Contract 100.00% shall be repaid to the Public Works Assistance Account by payment to the Department of Commerce, or its successor, together with the submission of the Project Completion Amendment. 1.17. Repayment Loan repayment installments are due on June 1st of each year during the 30 -year fixed term of the loan. The first loan repayment is due June 1, 2012. In terest only will be charged for this payment if a reimbursement is made prior to this date. All subs equent payments shall consist of principal and accrued interest due on June 1st of each year during the remaining t erm of the loan. Repayment of the loan under this Contract shall include an interest rate of 0.50% per annum based on a three hundred and sixty (360) day year of twelve (12) thirty (30) day months. Interest will begin to accrue from the date each warrant is issued to the Contractor . The final payment shall be on or before June 1, 2042 , of an amount sufficient to bring the loan balance to zero. In the event that the Board approves Contractor’s request fo r a 5-year deferral as outlined in Section 1.5, then the first loan repayment is due on June 1, 2016. Interest accrues for the sixty (60) months after contract execution. The accrued interest only pay ment is due on June 1, 2016. Interest and principal payments are due on June 1 of each year dur ing the remaining term of the loan. The Contractor has the right to repay the unpaid balance of the loan in full at any time or make accelerated payments without penalty. The Contractor will repay the loan in accordance with the p receding conditions through the use of a check, money order, or equivalent means made payable to the Washington State Department of Commerce, or its successor. 1.18. Reports The Contractor shall furnish the Board with: A. Project Status Reports with each Invoice Voucher, B. Project Reports at the end of each fiscal year, C. Certified Project Completion Report at proj ect completion (as described in Section 1.11), and D. Other reports as the Board may require. 1.19. Termination for Cause If the Contractor fails to comply with the terms of this Contra ct, or fails to us e the loan proceeds only for those activities identified in ATTACHMENT I: SCOPE OF WORK, the Board may terminate the Contract in whole or in part at any time. The Board shall notif y the Contractor in writing of its determination to terminate, the reason for such termination, and the effect ive date of the termination. Nothing in this section shall affect the Contractor’s obligation to repay the unpaid balance of the loan. These terms supersede the terms in Secti on 2.40 Termination for Cause/Suspension. 1.20. Termination for Convenience The Board may terminate this contract in the event that state funds are no longer available to the Board, or are not appropriated for the purpose of meeting the Board’s oblig ations under this cont ract. Termination will be effective when the Board sends writt en notice of termination to the Contractor. Nothing in this section shall affect the Contractor’s obligation to repay the unpaid balance of the loan. These terms supersede the terms in Se ction 2.41 Termination for Convenience. RES.A
City of Auburn Page 12 Contract Terms and Conditions PC12-951-012 9/22/2011 Construction Loan Contract 1.21. Time of Performance No later than sixty (60) months after the date of c ontract execution the Contra ctor must reach project completion. Failure to meet Time of Performance shall constitute default of this contract. In the event of extenuating circumstances, the Contractor may request, in writ ing, that the Board extend the deadline for project completion. The Board may extend the deadline. The term of this contract shall be for the entire term of the loan, regardless of actual project completion, unless terminated sooner as provided herein. RES.A
City of Auburn Page 13 Contract Terms and Conditions PC12-951-012 9/22/2011 Construction Loan Contract Part 2. GENERAL TERMS AND CONDITIONS 2.1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. “Authorized Representative” shall mean the P ublic Works Board Chair and/or the designee authorized in writing to act on the Chair’s behalf. B. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of th e Contractor. C. “BOARD” shall mean the Washington State Pub lic Works Board created in Revised Code of Washington (RCW) 43.155.030, and whic h is a Party to the Contract D. “Personal Information” shall mean information ident ifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities , addresses, telephone numbers, social security numbers, driver license numbers, other i dentifying numbers, and any financial identifiers. E. ”State” shall mean the state of Washington. F. "Subcontractor" shall mean one not in the employment of the C ontractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms “subcontractor” and “subcontractors” mean subcontractor(s) in any tier. 2.2. ALLOWABLE COSTS Costs allowable under this Contract are actual expenditures according to an approved budget up to the maximum amount stated on the Contract Award or Amendment Face Sh eet. 2.3. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 2.4. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by perso nnel authorized to bind each of the parties. 2.5. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LA W 101-336, ALSO REFERRED TO AS THE “ADA” 28 CFR PART 35 The Contractor must comply with the ADA, which provides comprehen sive civil rights protection to individuals with disabilities in the areas of employ ment, public accommodations, state and local government services, and telecommunications. 2.6. APPROVAL This contract shall be subject to the written approva l of the Board’s Authorized Representative and shall not be binding until so approved. The contract may be altered, amended, or waived only by a written amendment executed by both parties. 2.7. ASSIGNMENT Neither this Contract, nor any claim arising under th is Contract, shall be transferred or assigned by the Contractor without prior wri tten consent of the Board. RES.A
City of Auburn Page 14 Contract Terms and Conditions PC12-951-012 9/22/2011 Construction Loan Contract 2.8. ATTORNEYS’ FEES Unless expressly permitted under another provision of the Contract, in the event of litigation or other action brought to enforce Contract terms, each party agr ees to bear its own attorneys fees and costs. 2.9. AUDIT A. General Requirements Contractors are to procure audit services based on the follo wing guidelines. The Contractor shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that Subcontractors also maintain auditable records. The Contractor is responsible for any audit exceptions incurred by its own organization or that of its Subcontractors. The Board reserves the right to recover from the Cont ractor all disallowed costs resulting from the audit. As applicable, Contractors required to have an audit must ensure the audits are performed in accordance with Generally Acc epted Auditing Standards (GAAS); Gove rnment Auditing Standards (the Revised Yellow Book) developed by the Comptroller General. Responses to any unresolved management finding s and disallowed or questioned costs shall be included with the audit report. The Contractor must re spond to the Board’s requests for information or corrective action concerning audit issues within thirty (30) days of the date of request. B. State Funds Requirements Contractors expending $100,000 or more in total state f unds in a fiscal year must have a financial audit as defined by Government Auditing Standards (The Revised Yell ow Book) and according to Generally Accepted Auditing Standa rds (GAAS). The Schedule of State Financ ial Assistance must be included. The schedule includes: Grantor agency name State program name BARS account number Grantor Agency contract number Contract award amount including amendments (total grant award) Beginning balance Current year revenues Current year expenditures Ending balance Program total If the Contractor is a state or local government entity, the Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be conduct ed by a certified public accountant selected by the Contractor. The Contractor shall include the above a udit requirements in any subcontracts. In any case, the Contractor’s financial records must be available for review by the Board . RES.A
City of Auburn Page 15 Contract Terms and Conditions PC12-951-012 9/22/2011 Construction Loan Contract C. Documentation Requirements The Contractor must send a copy of any required a udit Reporting Package as described in OMB Circular A-133, Part C, Section 320(c) no later than nine (9) mont hs after the end of the Cont ractor’s fiscal year(s) to: Department of Commerce ATTN: Audit Review and Resolution Office PO Box 42525 Olympia WA 98504-2525 In addition to sending a copy of the audit, w hen applicable, the Contractor must include: x Corrective action plan for audit findings within three (3) months of the audit being received by the Board. x Copy of the Management Letter. 2.10. CODE REQUIREMENTS All construction and rehabilitation projects must sati sfy the requirements of applicable local, state, and federal building, mechanical, plumbing, fire, energy and barrier-free codes. Compliance with the Americans with Disabilities Act of 1990 28 C.F.R. Part 35 w ill be required, as specified by the local building Department. 2.11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. “Confidential Information” as used in this section include s: 1. All material provided to the Contractor by the B oard that is designated as “confidential” by the Board; 2. All material produced by the Contractor that is designated as “confidential” by the Board; and 3. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. “Personal information” includes but is not limited to information related to a person’s name, health, finances, education, business, us e of government services, addresses, telephone numbers, social security number, driver’s license number and other i dentifying numbers, and “Protected Health Information” under the federal He alth Insurance Portability and Accountability Act of 1996 (HIPAA). B. The Contractor shall comply with all state and federal la ws related to the use, sh aring, transfer, sale, or disclosure of Confidential Information. The Contract or shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written cons ent of the Board or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or di sclosure of Confidential Info rmation or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide THE BO ARD with its policies and procedures on confidentiality. The Board may require changes to such policies and procedures as they apply to this Contract whenev er the Board reasonably det ermines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by the Board. Upon request, the Co ntractor shall immediately return to the Board any Confidential Information that t he Board reasonably determines ha s not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify the Board within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. RES.A
City of Auburn Page 16 Contract Terms and Conditions PC12-951-012 9/22/2011 Construction Loan Contract 2.12. CONFORMANCE If any provision of this contract violat es any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 2.13. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned b y the Board. The Board shall be considered the author of such Materials. In the event the Material s are not considered “works for hire” under the U.S. Copyright laws, the Contractor hereby irrevocably assi gns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to the Board effective from the moment of creation of such Materials. “Materials” means all items in any format and include s, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. “Ownership” in cludes the right to copyright, patent, register and the abi lity to transfer these rights. For Materials that are delivered under the Contract, bu t that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to the Board a nonexclusive, royalty-free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, a nd publicly display. The Contract or warrants and represents that the Contractor has all rights and permissions, including intellect ual property rights, moral rights and rights of publicity, necessary to grant such a license to the Board. The Contractor shall exert all reasonable effort to adv ise the Board, at the time of delivery of Materials furnished under this Contract, of all known or potentia l invasions of privacy contained therein and of any portion of such document which was not produced in the perf ormance of this Contract. The Contractor shall provide the Board with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. The Board shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 2.14. DISALLOWED COSTS The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. 2.15. DISPUTES Except as otherwise provided in this Contract, wh en a dispute arises between the parties and it cannot b e resolved by direct negotiation, either party may request a dispute hearing with the Chair of the Board, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: x be in writing; x state the disputed issues; x state the relative positions of the parties; x state the Contractor's name, address, and Contract number; and x be mailed to the Chair and the other party’s (respondent’s) R epresentative within three (3) working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor’s statement to both the Chair or the Chair’s designee and the requestor within five (5) working days. RES.A
City of Auburn Page 17 Contract Terms and Conditions PC12-951-012 9/22/2011 Construction Loan Contract The Chair or designee shall review the written statement s and reply in writing to both parties within ten (10) working days. The Chair or designee may extend th is period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicia l or quasi-judicial proceeding. The parties agree that this dispute process shall prec ede any action in a judicial or quasi-judicial tribunal. Nothing in this Contract shall be construed to limit the parties’ c hoice of a mutually acceptable alternate dispute resolution (ADR) method in addition to t he dispute hearing procedure outlined above. 2.16. DUPLICATE PAYMENT The Contractor certifies that work to be performed un der this contract does not duplicate any work to be charged against any other contract, subcontract, or other source. 2.17. ETHICS/CONFLICTS OF INTEREST In performing under this Contract, the Contractor shall assure compliance with the Ethics in Public Service Act (Chapter 42.52 RCW) and any other applicable state or federal law related to ethics or conflict s of interest. 2.18. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in acco rdance with the laws of the state of Washington, and the venue of any action brought hereunder sha ll be in the Superior Court for Thurston County. 2.19. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify , defend, and hold harmless the state of Washington, the Board, all other agencies of the state an d all officers , agents and employees of the state, from and against all claims or damages for injuries to per sons or property or death arising out of or incident to the Contractor’s performance or failure to perform the Contract. The Contractor’s obligation to indemnify, defend, and hold harmless includes any claim by the Contractor’s agents, employ ees, representatives, or any Subcontractor or its agents, employees, or representatives. The Contractor’s obligation to indemnify, defend, and ho l d harmless shall not be eliminated by any actual or alleged concurrent negligence of the state or its agents, agencies, employees and officers. Subcontracts shall include a comprehensive indemnification clause holding harmless the Contractor, the Board, the state of Washington, its o fficers, employees and authorized agents. The Contractor waives its immunity under Title 51 RC W to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or e mployees. 2.20. INDEPENDENT CAPACI TY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or the Board. The Contractor will not hold itself out as or claim to be an officer or employee of the Board or of the st ate of Washington by r eason hereof, nor will t he Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 2.21. INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with all applicable provisi ons of Title 51 RCW, Industrial Insurance. If the Contractor fails to provide industrial insurance cove rage or fails to pay premiums or penalties on behalf of its employees as may be required by law, the Boar d may collect from the Contractor the full amount payable to the Industrial Insurance Accident Fund. The Board may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by the Board under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I’s rights to collect from the Contractor. RES.A
City of Auburn Page 18 Contract Terms and Conditions PC12-951-012 9/22/2011 Construction Loan Contract 2.22. LAWS The Contractor shall comply with all applicable laws, ordina nces, codes, regulations and policies of local and state and federal governments, as now or herea fter amended including, but not limited to: Washington State Laws and Regulations A. Affirmative action, RCW 41.06.020 (11). B. Boards of directors or officers of non-profit corpor ations – Liability - Limitations, RCW 4.24.264. C. Disclosure-campaign finances-lo bbying, Chapter 42.17 RCW. D. Discrimination-human rights commission, Chapter 49.60 RCW. E. Ethics in public service, Chapter 42.52 RCW. F. Housing assistance program, Chapter 43.185 RCW G. Interlocal cooperation act, Chapter 39.34 RCW. H. Noise control, Chapter 70.107 RCW. I. Office of minority and women’s business enterprises, Chapter 39.1 9 RCW and Chapter 326-02 WAC. J. Open public meetings act, Chapter 42.30 RCW. K. Prevailing wages on public wo rks, Chapter 39.12 RCW. L. Public records act, Chapter 42.56 RCW. M. Relocation assistance - real property acquisition policy, Chapter 8.26 RCW. N. Shoreline management act of 1971, Chapter 90.58 RCW. O. State budgeting, accounting, and reporting system, Chapter 4 3.88 RCW. P. State building code, Chapter 19.27 RCW and Energy -related building standards, Chapter 19.27A RCW, and Provisions in buildings for aged and handicapped persons, Chapter 70.92 RCW. Q. State Coastal Zone Management Program, Publication 01-06-003, Shorelands and Environmental Assistance Program, Washington State Department of Ecol ogy. R. State environmental policy, Chapter 43.21C RCW. S. State Executive Order 05-05 Archeol ogical and Cultural Resources. 2.23. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable lo cal, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 2.24. LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative’s desi gnee by writing (designation to be made prior to action) shall have the expr ess, implied, or apparent authority to alter, amend, modify, o r waive any clause or condition of this Contract. 2.25. LOCAL PUBLIC TRANSPORTATION COORDINATION Where applicable, Contractor shall participate in loca l public transportation forums and implement strategies designed to ensure access to services. RES.A
City of Auburn Page 19 Contract Terms and Conditions PC12-951-012 9/22/2011 Construction Loan Contract 2.26. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Cont ract, the Contractor shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Contractor’s non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the Contractor ma y be declared ineligible for further contracts with the Board. The Contractor shall, however, be given a reasonabl e time in which to cure this noncompliance. Any dispute may be resolved in accordance with the “Disputes” procedure set forth herein. 2.27. POLITICAL ACTIVITIES Political activity of Contractor employees and o fficers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballo t measures or for or against the candidacy of any person for public office. 2.28. PREVAILING WAGE LAW The Contractor certifies that all contractors and subc ontractors performing work on the Project shall comply with state Prevailing Wages on Publ ic Works, Chapter 39.12 RCW, as applicable to the Project funded by this contract, including but not limited to the filing of the “Statement of Intent to Pay Prevailing Wages” and “Affidavit of Wages Paid” as required by RCW 39.12.040. The Contractor shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for the Board’s review upon request. 2.29. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The funds provided under this Contract shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for su ch funds or any other approval or concurrence under this Contract provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not h ereby prohibited if otherwise eligible as project costs. 2.30. PUBLICITY The Contractor agrees not to publish or use any adver tising or publicity materials in which the state of Washington or the Board’s name is mentioned, or lang uage used from which the connection with the state of Washington’s or the Board’s name may reasonably be inferred o r implied, without the prior written consent of the Board. 2.31. RECAPTURE In the event that the Contractor fails to perform this contract in accordance with state laws, federal laws, and/or the provisions of this contract, the Board reserves the rig ht to recapture funds in an amount to compensate the Board for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this re capture provision shall occur within the time period specified by the Board. In the alternative, the Board may recaptur e such funds from payments due under this contract. RES.A
City of Auburn Page 20 Contract Terms and Conditions PC12-951-012 9/22/2011 Construction Loan Contract 2.32. RECORDS MAINTENANCE The Contractor shall maintain all books, records, do cuments, data and other evidence relating to this Contract and performance of the services descri bed herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. Contractor shall retain such records for a period of six years following the date of final payment. If any litigation, claim or audit is started before the ex piration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 2.33. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Contractor shall complete r egistration with the Washington State Department of Revenue. 2.34. RIGHT OF INSPECTION At no additional cost all records relating to the Contract or’s performance under this Contract shall be subject at all reasonable times to inspection, review, and audit by the Board, the Office of the State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Contract. The Contractor shall provide access to its facilities for this purpose. 2.35. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, the Board may terminate the C ontract under the "Termination for Convenience" clause, without t he ten business day notice requirement. In lieu of termination, the Contract may be amended to refl ect the new funding limitations and conditions. 2.36. SEVERABILITY If any provision of this Contract or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Contract that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Contract and to this end the provisions of this Contract are declared to be severable. RES.A
City of Auburn Page 21 Contract Terms and Conditions PC12-951-012 9/22/2011 Construction Loan Contract 2.37. SUBCONTRACTING The Contractor may only subcontract wo rk contemplated under this Contract if it obtains the prior written approval of the Board. If the Board approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, the Board in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontrac ting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to the Board if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor t he activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existe nce of a subcontract operate to release or reduce the liability of the Contractor to the Board for any brea ch in the performance of the Contractor’s duties. Every subcontract shall include a term that the Board and the State of Washington are not liable for claims or damages arising from a Subcontracto r’s performance of the subcontract. 2.38. SURVIVAL The terms, conditions, and warranties contained in th is Contract that by t heir sense and context are intended to survive the completion of the performance, cancell ation or termination of this Contract shall so survive. 2.39. TAXES All payments accrued on account of pay roll taxes, unemployment contributio ns, the Contractor’s income or gross receipts, any other taxes, insurance or expenses for the Co ntractor or its staff shall be the sole responsibility of the Contractor. 2.40. TERMINATION FOR CAUSE / SUSPENSION In event the Board determines that the Contractor fa iled to comply with any term or condition of this Contract, the Board may terminate the Contract in whol e or in part upon written notice to the Contractor. Such termination shall be deemed “for cause.” Termination shall take effect on the date specified in the notice. In the alternative, the Board upon written notice may allo w the Contractor a specific period of time in which to correct the non-compliance. During the corrective -action time period, the Board may suspend further payment to the Contractor in whole or in part, or may re strict the Contractor’s right to perform duties under this Contract. Failure by the Contractor to take time ly corrective action shall allow the Board to terminate the Contract upon written notice to the Contractor. “Termination for Cause” shall be deemed a “Termination fo r Convenience” when the Board determines that the Contractor did not fail to comply with the terms of the Contract or when the Board determines the failure was not caused by the Contract or’s actions or negligence. If the Contract is terminated for cause, the Contract or shall be liable for damages as authorized by law, including, but not limited to, any cost difference betwe en the original contract and the replacement contract, as well as all costs associated with entering into the replacement contract (i.e., competitive bidding, mailing, advertising, and staff time). RES.A
City of Auburn Page 22 Contract Terms and Conditions PC12-951-012 9/22/2011 Construction Loan Contract 2.41. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract the Bo ard may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate t his Contract, in whole or in pa rt. If this Contract is so terminated, the Board shall be liable only for paym ent required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 2.42. TERMINATION PROCEDURES After receipt of a notice of termination, except as other wise directed by the Board, the Contractor shall: A. Stop work under the Contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities related to the Contract; C. Assign to the State all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Board has the right, at its discretion, to settle or pay any or all claims arising out of the termination of su ch orders and subcontracts. Any attempt by the Contractor to settle such claims must have the prior written approval of the Board; and D. Preserve and transfer any materials, contract deliver ables and/or the Board proper ty in the Contractor’s possession as directed by the Board. Upon termination of the Contract, the Board shall pay the Contractor for any service provided by the Contractor under the Contract prior to the date of termination. The Board may withhold any amo unt due as the Board reasonably determines is necessary to pr otect the Board against potential loss or liability resulting from the termination. the Board shall pay any wit hheld amount to the Contractor if the Board later determines that loss or liability will not occur. The rights and remedies of the Board under this section are in addition to any other rights and remedies provided under this Contract or otherwise provided under law. 2.43. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of the Bo ard. RES.A
City of Auburn Page 23 PC12-951-012 9/22/2011 Construction Loan Contract ATTACHMENT I: SCOPE OF WORK PUBLIC WORKS BOARD CONSTRUCTION LOAN PROGRAM City of Auburn PC12-951-012 Project Title: M Street SE Grade Separation A. PROJECT’S SCOPE OF WORK The project’s scope of work is comprised of the following acti vities: The City will renovate a railroad crossing to facilit ate the flow of traffic between SR 167 and SR 164. This project will improve traffic safety and result in a reduced environmental impact. Costs may include, but are not limited to, engineering, cultural and historical resources review, environmental review, right-of-way acquisition, permits, public i nvolvement, bid documents, and construction that allow the City to meet local, state, and federal regulations. RES.A
City of Auburn Page 24 PC12-951-012 9/22/2011 Construction Loan Contract B. ESTIMATED PROJECT COSTS Cost Category Amount Engineering Report $225,000.00 Cultural and Historical Resources Review (Section 106 or Executive Order 05-05) $50,000.00 Environmental Review $30,000.00 Land/Right-of-Way Acquisition $4,355,000.00 Permits $30,000.00 Public Involvement/Information $50,000.00 Bid Documents $2,000,000.00 Construction $13,100,000.00 Other Fees (Sales or Use Taxes) $200,000.00 Contingency: 10.00% $1,300,000.00 Other: Construction Engineering/Inspection $1,700,000.00 Other: $0.00 Other: $0.00 Other: $0.00 TOTAL ESTIMATED PROJECT COSTS $23,040,000.00 RES.A
City of Auburn Page 25 PC12-951-012 9/22/2011 Construction Loan Contract C. ANTICIPATED PROJECT FUNDING Type of Funding Source Description Amount Grants Grant #1 Federal - 2008 Discretionary $122,500.00 Grant #2 Federal - 2010 Discretionary $749,872.00 Grant #3 State - FMSIB $6,000,000.00 Total Grants $6,872,372.00 Prior PWTF PreConstruction Loans Non-Match Loan #1 Non-Match #2 Total Prior PWTF PreConstruction Loans Loans This PWTF Loan Request Public Works Board $6,800,000.00 Other Loan #1 $0.00 Other Loan #2 $0.00 Other Loan #3 $0.00 Other Loan #4 $0.00 Total Loans $6,800,000.00 Local Revenue Local Revenue #1 Traffic Impact Fees $2,041,000.00 Local Revenue #2 Unrestricted Street Revenue $150,000.00 Local Revenue #3 Traffic Impact Fees, Mitigation Fees, REET $3,846,628.00 Local Revenue #4 $0.00 Total Local Revenue $6,037,628.00 Other Funds Other Funds #1 FAST Partners $2,030,000.00 Other Funds #2 King County Wastewater Treatment Div. $1,300,000.00 Total Other Funds $3,330,000.00 TOTAL PROJECT FUNDING $23,040,000.00 RES.A
City of Auburn Page 26 PC12-951-012 9/22/2011 Construction Loan Contract ATTACHMENT II: ATTO RNEY’S CERTIFICATION PUBLIC WORKS BOARD CONSTRUCTION LOAN PROGRAM City of Auburn PC12-951-012 I, ________________________________________________, hereby certify: I am an attorney at law admitted to practice in the State o f Washington and the duly appointed attorney of the City of Auburn (the Contractor); and I have also examined any and all documents and records which are pertinent to the Contract, including the application requesting this financial assistan ce. Based on the foregoing, it is my opinion that: 1. The Contractor is a public body, properly constituted and o perating under the laws of the State of Washington, empowered to receive and expend federa l, state and local funds, to contract with the State of Washington, and to receive and expend the funds involved to accomplish the objectives set forth in their application. 2. The Contractor is empowered to accept the Public Works Trust F und financial assistance and to provide for repayment of the loan as set forth in the Contract. 3. There is currently no litigation in existence seeking to enjoin the commencement or completion of the above-described public facilities project or t o enjoin the Contractor from repaying the Public Works Trust Fund loan extended by the Public Works Board with respect to such project. The Contractor is not a party to litig ation which will materially affect its ability to repay such loan on the terms contained in the Contract. 4. Assumption of this obligation would not exceed statutory a nd administrative rule debt limitations applicable to the Contractor. __________________________________ _____________________________ Signature of Attorney Date __________________________________ Name _______________________________________________________________________ Address RES.A
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4th St SE 6th St SE 7th St SE K St SE M Street SE 3rd St SE A A 2 Improvements Summary Future Connection to Auburn/Black Diamond Road 382424.AA.08_TBG080511084521SEA_MStreet_UnderpassProject_v9_11aug11 Project Limits Project Limits Project Limits 5 4 8 3 1 7 6 SR 18 9 10 M Street SE Underpass Project Eagles Lodge Miles Sand & Gravel Pit (Future Muckleshoot Development)164 TO 167 TO Re-striping to four lanes and removal of on-street parking completed by City to be concurrent to underpass construction Improvements by King County Housing Authority Development Project King County Housing Authority BNSF Auburn Yard (Slow Moving Trains)BNSF Railway Project Limits 5 Proposed Existing M Street SE widening includes left-turn lane and bike lanes Proposed RR bridge Structural retaining walls below existing SR 18 bridge Infiltration pond Pedestrian/bike rest area New street lighting, typical Eliminate on-street parking on M Street SE Access control on 3rd Street SE:right-in/right-out Relocated utility crossings Railroad track improvements 1 2 3 4 5 6 7 8 9 10 11'Two-Way Left Turn Lane SouthboundNorthbound 6'Bike Lane 6'Bike Lane 2'11'11'11'11'Retaining Wall Retaining Wall 8'Sidewalk Retaining Wall Retaining Wall Existing Ground 8'Sidewalk Section A - A 2'RES.A
AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4754 Date: September 28, 2011 Department: Public Works Attachments: Summary Memo Map Resolution No. 4754 Budget Impact: $73,000.00 Administrative Recommendation:Public Works Committee to recommend that the City C ouncil sdopt Resolution No. 4754.Background Summary:Resolution No. 4754 authorizes the Mayor to confirm the amounts owed and reimburse Pierce County, PSE, and Cascade Water Alliance for the easement fe es that the City agreed to pay after the annexation of the area that encompasses the Lake Tapps Parkway Drainage Facilities that empty into the Puget Sound Energy Tailrace. See attached memo. Reviewed by Council Committees:Finance, Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:October 3, 2011 Item Number:RES.B AUBURN * MORE THAN YOU IMAGINED RES.B
Page 1 of 2 Interoffice Memorandum Engineering Division Date: September 28, 2011 To: City Council Mayor Lewis From: Dennis Dowdy Re: Resolution No. 4754 - Summary of City Fee Obli gation Background: Resolution No. 3249 approved a Pre-annexation Agreem ent with Pierce County on August 28, 2000. Under this agreement the City of Au burn agreed to take ownership of the drainage facilities for the Lake Tapps Parkway bein g constructed by Pierce county and the developer under a separate agreement. On Feb 25th 2001 Auburn approved Ordinance 5512 to annex the area in Pierce County that includes the referenced drainage facilities; and shortly thereafter began coordination with Pierce County to take ownership of the drainage ponds that were obviously facilities that the City should own, operate and maintain. For some reason, not well understood by city staff, Pierce County staff d id not bring forward the requirement to turn over the drainage facilities that empty into the PSE tailrace. Although we had several on site turn over inspections for other storm drainage related facilities for the parkway, the county did not pursue tr ansfer to the city immediately after the annexation. So this requirement was overlooked by the county and the city, and the county continued to pay PSE for the easement that the county had negotiated for the outfall until 2010. In 2010 the city began receiving billings inquiries fro m PSE for fees that Pierce County was referring to the City and had stopped paying to P SE. Staff investigation of the pre-annexation agreement confirmed that the City was oblig ated to take over the drainage facility when annexation occurred; however, annexation law was insufficient per legal review to acquire the underlying easement rights for ci ty ownership until such time as Pierce County could convey or assign the appropriate de eds & easements to the City. Staff has been working with Pierce County Public Works st aff to assign and record the necessary ROW deeds & easements to the City. Those have now been recorded in the name of the City under the following recording numbe rs: RES.B
Page 2 of 2 P ierce County Recording # Brief Description of Assignments 201109120004 9 Parcels of ROW Quit Claim Deeds on La ke Tapps Parkway 201108190527 PSE Outfall Easement 201108190526 Easements along west boundary of East Vall ey Highway Summary of Fees Due: Staff has prepared the below tabulation of fees due to each agency since the effective date of the annexation in accordance with Ordinance 551 2, (Feb 25, 2001) through June 21, 2011 as follows: Amount due to Pierce County: • Period from February 25 th 2001 to June 21, 2001 $2333.33 • Period from June 21, 2001 to June 30, 2009 $56,000.00 Total due $58,333.33 Amount due to Puget Sound Energy: • Period from June 30, 2009 until Dec 17, 2009 $3317.81 Amount due to Cascade Water Alliance: • Period from December 18, 2009 to June 21, 2010 $3,682.19 • Period from June 21, 2010 to June 21, 2011 $7,0 00.00 Total due $10,682.19 Staff Recommendation: Now that the City’s request for easements and ROW dee ds have been satisfied by Pierce County the City is now prepared to take ownersh ip of the 48” storm main and outfall control facilities and reimburse the respective agencies for the above stated past due fees. Fees will be paid from the Storm Drainage Utility. Director Dowdy is coordinating with each agency to confirm that the above fees are accurate through June 21, 2011. RES.B
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------------------------------ Resolution No. 4754 September 28, 2011 Page 1 of 2 RESOLUTION NO. 4 7 5 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO CONFIRM THE AMOUNTS OWED AND REIMBURSE PIERCE COUNTY, PUGET SOUND ENERGY AND CASCADE WATER ALLIANCE FOR THE EASEMENT FEES THAT THE CITY AGREED TO PAY AFTER THE ANNEXATION OF THE AREA THAT ENCOMPASSES THE LAKE TAPPS PARKWAY DRAINAGE FACILITIES THAT EMPTY INTO THE PUGET SOUND ENERGY TAILRACE WHEREAS, Resolution No. 3249 approved a Pre-annexati on Agreement with Pierce County on August 28, 2000 and under this agreem ent the City of Auburn agreed to take ownership of the drainage facilities for the L ake Tapps Parkway being constructed by Pierce county and the developer under a se parate agreement; and WHEREAS, On Feb 25, 2001 Auburn approved Ordinance 5 512 to annex the area in Pierce County that includes the referenced drai nage facilities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUB URN, WASHINGTON, HEREBY RESOLVES as follows : Section 1. The Mayor is hereby authorized to complete the accept ance of the facilities and make payment of the past due fees for th e Tailrace easement, in substantial conformity with the pre-annexation agreeme nt. Section 2. That the Mayor is authorized to implement such other administrative procedures as may be necessary to carry out the directives of this legislation. RES.B
------------------------------ Resolution No. 4754 September 28, 2011 Page 2 of 2 Section 3. That this Resolution shall take effect and be in full f orce upon passage and signatures hereon. Dated and Signed this _____ day of _______________, 2011. CITY OF AUBURN _ PETER B. LEWIS, MAYOR ATTEST: ______________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _____________________ Daniel B. Heid, City Attorney RES.B
AGENDA BILL APPROVAL FORM Agenda Subject: Griffin Leak Adjustment Appeal Date: September 23, 2011 Department: Public Works Attachments: Memo and Documentation Budget Impact: $0 Administrative Recommendation:City Council review a request for a water utility a djustment to account number 013896-000, for Joanne Griffin in the amount of $500.00 fo r a water leak.Background Summary:Utility Billing noted a large increase in water con sumption for this account on 8/02/11. A service req uest was entered and a technician dispatched to check fo r a possible leak and to notify the customer. When the technician checked the meter, he saw no evidence of a leak. He then spoke directly with the property owner who informed him that she had a leak in her b ackyard and repaired it on 7/09/11, but did not not ify the City. The utility account was billed $603.98 in water con sumption on 8/31/11 for the period of 6/1/11-8/1/11. The property owner submitted a request for a leak adjus tment on 8/08/11. The leak adjustment request was denied per policy 100-52 which clearly states that an eligible water leak is defined to have occurred on the service line between the City water meter and the p oint where the line enters the building. The reques t and the technicians report show that this leak occu rred in a secondary line between the customer's hom e and a detached building on their property. The customer submitted an appeal to their leak adju stment denial on 9/19/11. Per policy, the maximum amount that can be granted for a water leak is $500 .00. Reviewed by Council Committees:Finance, Public Works Councilmember:Wagner Staff:Coleman Meeting Date:October 3, 2011 Item Number:DI.A AUBURN * MORE THAN YOU IMAGINED DI.A
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AGENDA BILL APPROVAL FORM Agenda Subject: Auburn Gateway Project - Draft Development Agreemen t Date: September 27, 2011 Department: Planning and Development Attachments: Project Briefing Memo Draft Development Agreement Summary Draft Development Agreement (DA) Attachment 1 - Legal Description Attachment 2 - Project Site Plan Repealed City Code Section 14.21 Matrix of Fexibility and Benefits Draft Architectural and Site Design Standards Budget Impact: $0 Administrative Recommendation:For discussion only. Committee to provide feedback.Background Summary:See attached memorandum and support documents. Reviewed by Council Committees:Planning And Community Development Other: Legal Councilmember:Wagner Staff:Dixon Meeting Date:October 3, 2011 Item Number:DI.B AUBURN * MORE THAN YOU IMAGINED DI.B
Memorandum To: Councilmember Rich Wagner, Chair, Public Works Comm ittee Councilmember Bill Peloza, Vice- Chair, Public Work s Committee Councilmember Virginia Haugen, Member, Public Work s Committee From: Jeff Dixon, Principal Planner CC: Kevin Snyder, AICP, Planning and Development Director Dennis Selle, P.E., City Engineer Steven Gross, Assistant City Attorney Date: September 27, 2011 Re: DISCUSSION AND INFORMATION: Draft Development Agreement between City and Auburn Properties (a.k.a. Robertson Properties Group) Draft Planned Action Ordinance ---------------------------------------------------------------------------------------------------------------------------- Background For the last several years, the City of Auburn has been negotiating with Robertson Properties Group (RPG) on future development of approximately 70 acres located east of Auburn Way North, west of the extension of I ST NE, south of S 277th ST, and North of 45th ST NE consisting of the Valley 6 Drive-In Theater site an d surrounding properties owned by Robertson Properties Group (RPG) and hereafter refe rred to as the Auburn Gateway Project (Exhibit 1). The efforts around these negotiations have included the preparation of Environmental Impact Statement (EIS) documentation, amendments to the City’s Comprehensive Plan and Zoning Code to authorize and apply the Mixed Use Commercial Zone (C-4), preparation of a draft Development Agre ement and preparation of a draft Planned Action Ordinance. Related to the overall processing, in August 2011, the City Council approved Ordinance No. 6371 that authorized a four-month continued conditi onal effectiveness of the Comprehensive Plan and C-4 zoning to the Auburn Gateway Project. The comprehensive plan and zoning designations applied to the Auburn Gateway Project are conditioned upon the successful execution of a development agreement between the Ci ty and Robertson Properties Group. The designations do not become permanent until the City Council approves a development agreement. Planning and Development, Public Works and Legal De partment staff has been actively working with Robertson Properties Group to complete required studies, negotiations and documentation in order to provide the City Council with substantive policy making opportunities that would facilitate the phased deve lopment of the Auburn Gateway Project. DI.B
At the PCD committee’s July 18, 2011 regular meetin g staff provided an orientation to the scope of the project and the future policy document s for the city council’s future action. The materials consisted of: 1. Cover memo 2. Site map & vicinity 3. Summary of the purpose and contents of the draft development agreement (DA) 4. Summary of the purpose and contents of the plann ed action ordinance (PAO) 5. Comprehensive plan map showing location of the N ortheast Auburn Special Area 6. Process flow chart 7. Draft city council policy review and action sche dule At the August 29, 2011 Committee of the Whole (COW) meeting, staff provided a presentation going to further detail and explanatio n of the future council policy review actions. These materials consisted of: 1. Cover memo 2. Power point presentation 3. Key elements chart - PAO, DA, Special Area Plan & EIS addendum 4. Site map & vicinity over aerial photo 5. Summary of the purpose and contents of the draft development agreement (DA) 6. Summary of the purpose and contents of the plann ed action ordinance (PAO) 7. Matrix of flexibility and benefits (related to t he criteria required for approval of the development agreement under repealed city code sect ion 14.21) 8. Process flow chart Draft Development Agreement Staff from the Planning and Development, Public Wor ks and Legal Departments has been working with RPG to negotiate the elements of the d evelopment agreement. A key element of the development agreement will be the incorporat ion of architectural and site design standards for the Auburn Gateway Project to help re alize a higher aesthetic quality of development. A draft of the development agreement h as been prepared and is being presented to the Planning and Community Development Committee and ultimately other Council Committees for review and discussion. In general, the city’s code section provides a deve lopment agreement can authorize greater flexibility in the existing city standards in excha nge for development to be of significantly higher quality, generating more public benefit, and be a more sensitive proposal than would have been the case of a more typical development. Auburn City Code 14.21.010.B (Nonresidential or Mix ed Use Projects) which is applicable to this project specifies that the City may consider a development agreement for a nonresidential or mixed use project in areas design ated for office, commercial, industrial or institutional use in the comprehensive plan, or in a designated special plan area. In its evaluation of a proposal, the City shall consider w hether a proposal will meet the following criteria: 1. Provide development that is consistent with the goals and policies of the comprehensive plan; 2. Provide efficient and effective use of land, ope n space and public facilities that result in a higher quality of development than is required by the standards of the applicable zone; 3. Provide building and site design that complement surrounding land uses and their environment; and, DI.B
4 . Provide for superior protection of critical areas . To facilitate review and discussion of the draft de velopment agreement, the following related documents are provided: 1. Summary of the purpose and contents of the draft development agreement (DA) 2. Draft Development Agreement (DA) a. Attachment 1 - Legal Description b. Attachment 2 - Project Site Plan c. Attachment 3 - Draft and Final Environmental Imp act Statements (EIS) and EIS Addenda (to be provided later after meeting) d. Attachment 4 – Listing of Development Regulations (to be provided later after meeting – These are excerpts of current city code t o which the project would be vested.) 3. Repealed city code section 14.21 related to the city’s process and criteria for development agreements 4. Matrix of flexibility and benefits of the Auburn Gateway Project (related to the criteria for approval of development agreements from repeale d ACC 14.21) 5. Draft Auburn Gateway Architectural and Site Design Standards document (To be provided for the meeting but under separate cover) Draft Planned Action Ordinance (PAO) Staff from the Planning and Development, Public Wor ks and Legal Departments has been working with RPG to develop a draft of the planned action ordinance (PAO). A key element of the PAO will be the mitigation measures. With t he imminent completion of the EIS addendum, staff will propose that the mitigation me asures identified in the 2004 EIS and as updated by the 2011 EIS addendum that are needed to reduce or avoid probable and significant adverse project impacts be applied to t he project by the City Council’s adoption of a PAO. The PAO as drafted will incorporate current provisions of state law to authorize PAO’s and will create a new chapter in the City’s Z oning Code specifying the “thresholds” for what projects are eligible for designation as a pla nned action and thus expedited environmental review process. To facilitate review and discussion of the draft Pl anned Action Ordinance, the following documents are provided: 1. Summary of the purpose and contents of the plann ed action ordinance (PAO) 2. Draft Planned Action Ordinance a. Exhibit 1- Planned Action Mitigation Measures DI.B
Summary of a Development Agreement 9-21-11 Page 1 of 2 Summary of a Development Agreement Development Agreements: A development agreement is a contract between a local jurisdiction and a property owner within the jurisdiction. The purpose of the agr eement is to specify the standards and conditions that will govern development of the p roperty. The development agreement provides assurance to the developer that he/she may proceed to develop the project subject to the rules and regulations in eff ect at the time of approval - the development will not be subject to subsequent changes in regulations. Development agreements should also benefit the local jurisdiction. The jurisdiction may include conditions (mitigation measures) that must be met to a ssure that a project at a specific location does not have unacceptable impacts on neighbori ng properties or community infrastructure. The agreement may clarify how the pro ject will be phased, the required timing of public improvements, the developer's contribu tion toward funding system-wide community improvements, and other conditions. The agree ment can also facilitate enforcement of requirements, since it is a contract that details the obligations of the developer and the local jurisdiction. Development Agreements as Applied in Auburn: The Local Project Review Act (Ch. 36.70B, RCW), enacted by the Washington State Legislature in 1995, provides specific authority and dir ection for development agreements. These agreements are voluntary, but once ma de, they are binding on the parties and their successors. Development standards include permitted uses, densities, impact fees, and mitigation measures. Local jurisdictions must hold a public hearing prior to approving a development agreement and may only impose impact fees, dedications, mitigation measures, and standards as authori zed by other laws. Former Auburn City Code Chapter 14.21 previously set out the City’s requirements for development agreements. Chapter 14.21 was repealed by the Auburn City Council with the passage of Ordinance No. 6187 in October 2008). Und er Washington State’s vesting statue and upheld by the courts in multiple dif ferent cases, development projects may be “vested” under the provisions of adopte d municipal code repealed through legislative ordinance action if it can be dete rmined that a legally valid development application or action was submitted by a pa rty prior to the repeal or change in the adopted municipal code. Robertson Properties Group (RPG) applied for a development agreement before the effectiveness of Ordi nance No. 6187. The City with input and direction from the City Attorney’s Office h as previously made the determination that the RPG project is vested under the provisions of Chapter 14.21 and may seek City Council approval of a development agreem ent under the procedures specified in Chapter 14.21 provided it can demonstrate compliance to all applicable standards and procedures of this Chapter. DI.B
Summary of a Development Agreement 9-21-11 Page 2 of 2 Key Elements of Chapter 14.21: Auburn City Code 14.21.010.A generally provides that a development agreement should allow greater flexibility in the existing stand ards of the existing zoning district. In exchange for this enhanced flexibility, the City will require a development to be of significantly higher quality, generate more public ben efit, and be a more sensitive proposal than would have been the case with the use o f standard zoning or subdivision procedures. Auburn City Code 14.21.010.B (Nonresidential or Mixe d Use Projects) specifies that the city may consider a development agreement for a nonresi dential or mixed use project in areas designated for office, commercial, industrial or i nstitutional use in the comprehensive plan, or in a designated special plan area . In its evaluation of a proposal, the City shall consider whether a proposal w ill: 1. Provide development that is consistent with the goa ls and policies of the comprehensive plan; 2. Provide efficient and effective use of land, open sp ace and public facilities that result in a higher quality of development than is req uired by the standards of the applicable zone; 3. Provide building and site design that complement sur rounding land uses and their environment; and, 4. Provide for superior protection of critical areas. DI.B
Draft 9.23.11 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF AUBURN AND AUBURN PROPERTIES, INC. [Date ________________] DI.B
Development Agreement Page 1 of 21 Draft 9.23.11 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF AUBURN AND AUBURN PROPERTIES, INC., FOR DEVELOPMENT OF THE AUBURN GATEWAY PROJECT The CITY OF AUBURN (“City”) and AUBURN PROPERTIES, INC., a Washington corporation (“Developer”) enter into the following development ag reement (“Agreement”) to govern the development, use and mitigation of environmental impacts associated with the development of the Auburn Gateway Project (“Project”), throu gh construction of the buildings and related physical on- and off-site improvements. The Agreement is authorized by RCW 36.70B.170 through .210. It addresses Pro ject development standards, which are defined in the statute to include, for example, impact fees, mitigation, design standards, approach to phasing , review procedure s, vesting issues, and any other appropriate development requirements.1 The Agreement provides the City and Developer with certainty as to the type of Project that will be bui lt, and the type of mitigation that will be provided. The Project, when all development improvements are completed as contemplated for this project, will be consistent with current local regulatory requirements i n effect as of the date this Agreement is signed.2 The development standards in the Agreement will govern the Pro ject for the term of the Agreement unless amended or terminated.3 As authorized by state statute,4 the Agreement identifies, in part, the mitigation measures, developm ent conditions and other requirements under the State Environmental Policy Act (Chapter 43.21C RCW, “SEPA”) pursuant to the Northeast Auburn/Robertson Properties Final Envir onmental Impact Statements and addendums, supplements or modifications to the EIS documents for the Project. The Agreement shall only be approved and recorded with King County’s real property records after a public hearing before the Auburn City Council has been held.5 Approval of this Agreement by the Auburn City Council is a “land use decision” as defined in RCW 36.70C.020(2). As further described below, the Parties agree that certain provisions of this Agreement may only be appealed or challenged in accordance with the appeal procedures set forth in the Land Use Petition Act (“LUPA”) (Chapter 36.70C RCW). 1. Zoning/Land Use. This Agreement fulfills that portion of the obligation specifi ed in Section 13 of Ordinance No. 6183 (as amended), that non-conditional applicabi lity of the C-4, Mixed Use Commercial zoning designation shall only take effect upon the Part ies’ execution of a development agreement. Section 13 of Ordinance No. 6183 also requires adop tion of a Planned Action Ordinance. Additionally, the Parties agree to process an amendment t o change the zoning of any property owned by the Developer as of the date of exe cution of this Agreement and covered by the EIS and addendums, supplements or modifications to the E IS to C4, Mixed Use Commercial Zoning not later than one year after the date of this Agreement. 1 RCW 36.70B.170(3). 2 RCW 36.70B.170(1). 3 RCW 36.70B.180. 4 RCW 36.70B.170(3)(c). 5 RCW 36.70B.200; RCW 36.70B.190. DI.B
Development Agreement Page 2 of 21 Draft 9.23.11 2. Location. The Project consists of approximately 70 acres of land in t he northeast corner of the City, generally bordered by South 277th Street to the north, 45th Street NE to the south, Auburn Way North to the west, and Port of Seattle property (Tax Parcel No. 0004200006) to the east. Developer’s property is located within the Northeast Auburn Special Plan Area, an approximately 120-acre area established by the City of Auburn Comprehensive Plan in 1995 and as subsequently amended by Ordinance No. 6183. The property locat ion is legally described on Attachment 1 (“Subject Property”). Developer has a prope rty interest in the subject property. Additional properties may become part of this Agreement throug h the amendment process described in RCW 36.70B.170-210. In the event the Agreement is amended to i nclude additional properties, the terms of this Agreement shall appl y equally to those additional properties except as specified in the amendment(s). 3. Project Description. The Project involves the redevelopment of the Valley 6 Drive-i n Theater complex and adjacent properties owned or controlled by Developer. The redevelopment of the Property will include a mixture of office, retail and r esidential uses, provided that residential uses shall not be constructed on the first floor portions of buildings other than those ancillary interior uses needed to support residential uses on upper floors inc luding but not limited to lobbies, mechanical rooms, and elevators. The parties intend to provide the Developer with flexibility to reasonably respond to market conditions with limit ations mutually agreed to by both parties. In exchange for this flexibility, the City w ill receive a planned mixed use development consistent with applicable chapters of the adopted C ity of Auburn Comprehensive Plan including but not limited to the Northeast Auburn Special Are a Plan and the goals for this area set forth in this Agreement. The entire Project is more fully descri bed both in Attachment 2, which includes the Project Site Plan, and in the Northeast Auburn/Robertson Properties Final Environmental Impact Statement (EIS) and addendums, supplements or modifications to the EIS set forth as Attachment 3 to this Agreement. The City and Deve loper recognize that economic market conditions may cause the mix of land uses to differ slightl y from the specific alternatives analyzed in the EIS. The land use mixture is proposed to remain consistent wi th the scope of land uses analyzed in the 2004 Northeast Auburn/Robertson Property’s Environmental Impact Statement. Mitigation will be related and roughly proportional to the impacts created by RPG development-generated traffic volumes. 4. Term of Agreement and Vesting. The term of the Agreement shall be for fifteen (15) years from the date of the last signature with three distinct vesting periods described herein. The legal requirements identified in the Agreement shall govern the Project as follows: (a) Development regulations pertaining to land use and zoning requiremen ts, such as permitted, conditional and prohibited uses and lot development standards but excluding building, engineering and environmental regulations shall be the C4, Mi xed Use Commercial Zoning District, as conditionally adopted by Ordinance No. 6183, June 16, 2008 and applied to all properties covered by this Agreement. Any a mendment to the C4, Mixed Use Commercial Zoning District subsequently approved b y the Auburn City Council shall not be applicable to the properties covered by t his Agreement. The C4, Mixed Use Commercial Zoning District in effect on the effe ctive date of this Agreement DI.B
Development Agreement Page 3 of 21 Draft 9.23.11 shall be applicable to the subject property for the entire fifteen (15) year term of the Agreement. The Architectural and Site Design Standards titled: “Auburn Gat eway Architectural and Site Design Standards” (“Architectural and Site Design Standar ds”) prepared by BRCA on [date] and proposed by the Developer and attached as Exhibit E are hereby adopted as part of this Agreement, and shall be vested for the term of the Agreement. Amendments to these Architectural and Design Standards proposed by the Devel oper shall be processed as provided for in Section 11 B of this Agreement . (b) Development Regulations, except those specified in Section 4(a), that are in effect for the entire term of the Agreement, in effect at the time of t he City’s receipt of the full and complete application for the initial development activities sha ll be applicable and govern development for the Initial Vesting Period (IVP), to the extent of the development activities included in said full and complete application. The IVP shall run from the effective date hereof and ending December 31 of the 5th year following the effective date hereof. (c) Following the IVP a Second Vesting Period (SVP) shall be estab lished for the 5 year period starting January 1 of the 6 th year and ending December 31 of the 10th year following the effective date hereof, for development activities s ubsequent to those covered by the IVP. (d) Following the SVP a Third Vesting Period (TVP) shall be esta blished for the 5 year period starting January 1 of the 11 th year and ending December 31 of the 15th year following the effective date hereof, for development activities s ubsequent to those covered by the SVP. At the beginning of each subsequent five-year vesting period, SVP and TVP, the development regulations in effect on December 31 of the last yea r of the prior vesting period shall replace the development regulation in effect prior thereto, Provided, that the development regulations specified in Section 4(a) that are in ef fect for the entire term of the Agreement shall not be replaced.. The Developer shall be responsible for re-recording the Development Agreement with the new regulations at tached at the beginning of each new vesting period. At the beginning of each su bsequent five-year vesting period, the development regulations in effect as of Dece mber 31 of the prior vesting period shall replace Exhibit F and this Agreement shal l automatically be amended with said regulations with the Developer’s re-recording of thi s agreement with the new regulations attached. It shall be the responsibility of the Developer to re-record this Agreement with the new regulations attached at the beginning of each five-year vesting period. Notwithstanding this vesting period, the property owner(s ) subject to this agreement may, if agreed to by the City, conform to new developme nt regulations that may from time to time be adopted by the city by providing the City with the applicable development regulations that apply under this Agreement or providing the City the with applicable development regulations the applicant elects to have applied to the application along with a sworn statement that the property owner shall be bound by the new DI.B
Development Agreement Page 4 of 21 Draft 9.23.11 regulations at the time of subsequent permit application. Fail ure to submit said regulations with an application shall result in a waiver by the property owner of any claim that the City applied the incorrect regulations and the C ity shall have the discretion to apply either the vested regulations or the current regulations. (e) Development regulations related to public health and safety i ssues, including but not limited to building codes, fire codes, mechanical codes, plumbing cod es, electrical codes and property maintenance codes shall vest upon the City’s acc eptance of a complete permit application for each specific permit as determined b y the City through its permit completeness determination process in accordance with Chapter 14.06 of the Aub urn City Code (“ACC”) in effect on the date the permit is submitted. (f) Any amendments or additions made to these legal requirements during the term of the Agreement shall not apply to or affect the development to the extent of previously received full and complete applications for development activit y of the Project, except as otherwise provided, or if other county, state or federal laws pree mpt the City’s authority to vest regulations. The City reserves the authority to impose ne w or different officially adopted regulations if, and to the extent required by, a serious t hreat to the public health and safety, as determined by the City.6 The City also reserves the authority to impose new or different officially adopted regulations, if federal or st ate laws change requiring new or different standards. Developer can appeal City’s deter mination, except for those standards required by state or federal laws, through the normal appe al processes for administrative decisions as provided for by ACC 14.13.010. (g) The parties specifically agree that right-of-way req uirements shall be vested for “footprint design” requirements as of the effective date of this Development Agreement, but “technical design” requirements shall be established as of the date of the complete permit application as determined by the City through its perm it completeness determination process in accordance with Chapter 14.06 of the Auburn C ity Code (“ACC”) in effect on the date the permit is submitted. (h) The vested rights established by this Agreement as applied to any particular project merge into the permit approval for that project and shall ter minate as provided for such permit by the applicable provision of the Auburn City Code. 5. Project Reporting and Coordination. In recognition of the large size, scale and complexity of the Project, market absorption factors and the overall term of the Agreement, the parties agree that phased construction and acceptance of public and pri vate streets, and public and private utilities and equipment may be needed. The Parties agree to t he following reporting and coordination schedule. Developer shall report to the City, at a minimum, on January 15 and June 15 of each ye ar the Agreement is in effect. Once Developer begins construction of the infras tructure, the parties shall jointly determine a quarterly or monthly reporting schedule . 6 See RCW 36.70B.170(4). DI.B
Development Agreement Page 5 of 21 Draft 9.23.11 Reports shall include, but not be limited to, the following areas: Status of leases; Construction updates (rights-of-way (ROW), utility infrastructure, and b uildings percentage completed and construction remaining); Non-City Permit/approval status, including Department of Ecology, Army Cor ps of Engineers, NOAA-Fisheries Reports shall be written. If the written reports contain information that D eveloper considers to be proprietary business information as that term is used in Washington’s Pub lic Records Act, RCW 42.56.270, it shall clearly mark those portions of the report that Developer considers to be exempt from disclosure. The City agrees that, if it receives a public records request for documents that Developer has marked as proprietary business informat ion, it will assert the exemption, and notify the Developer of the request. The Developer may seek a cour t order to prevent disclosure as provided for in RCW 42.56.540. If a requestor files an action in c ourt seeking release of these documents, Developer agrees to be interplea ded into that action, to defend its designation of those documents as proprietary, and, provided the City has timely notified Developer of the request and the City’s response, to indemnify and hold the Cit y harmless from any fines or penalties for non-disclosure of documents the Deve loper has marked as proprietary. Developer also agrees to attend, or to send a representative familiar wi th the Project and this Agreement to attend, Council committee meetings or full Council meetings when reque sted to report on the Project status at least annually. 6. Project Approvals. The City shall accept for processing, review and action all complete applications and submissions for Project Approvals as determined by the Ci ty through its permit completeness determination process in accordance with Chapter 14.06 of the Aubur n City Code (“ACC”) in effect on the date the permit is submitted. Any agreement by the City to cooperate does not in any way o bligate the City with respect to usual and customary City permit processing, code compliance a nd other regulatory reviews as they may relate to the Developer or the Developer's requir ements hereunder. The outcome of any regulatory review or action undertaken by the City involving the Developer will be independent of and in no way biased, prejudiced, or predetermined i n any way by this Agreement. Nothing in this Agreement is intended or shall be constr ued to require that the City exercise its discretionary authority under its regulatory ordinanc es in a manner favorable to the Developer. 7. Flood Storage Capacity. The City and Developer acknowledge that under this agreement there will be a need for off-site flood storage capa city for the Project. The parties acknowledge that the City is not legally obligated to provide off -site storage capacity, but if off-site flood storage capacity is not available, the Project might not go for ward. The City agrees that it will seek a clarifying agreement with the Port of Seat tle (“Port”) regarding the City’s right to use or commit the use of flood storage capacity with the construct ed wetland mitigation property owned by the Port that is located in the Planning Area for the Pr oject. If the City has the right to DI.B
Development Agreement Page 6 of 21 Draft 9.23.11 use or commit the use of this property for compensatory flood stora ge, the Parties agree that the City shall make a mutually agreed amount of cubic feet of s torage capacity available to the Developer for Developer’s on-site compensatory flood storage re quirements and an additional compensatory flood storage volume as needed to accommodate the Devel oper’s public transportation and storm drainage improvements. The City and Develop er agree that this amount will be established following the conclusion of technical analysi s by the Port and City that establishes the total amount of cubic feet of compensatory flood storage. The Developer acknowledges that the City may elect to reserve a portion of t his capacity for municipal purposes and needs. The City shall convey the right to use the property t o the Developer by means of an easement or other similar document as agreed to by the Partie s. The Parties agree that Developer’s agreement to provide certain improvements, such as l ow impact development features including but not limited to rain gardens and pervious pav ement/concrete, as will be negotiated between the City’s Mayor and the Developer is full and sufficient consideration for Developer’s use of the flood storage capacity. Developer agrees that it will submit a Letter of Map Revision (“LOMR”) to the Federal Emergency Management Agency (FEMA) that addresses to the reviewing agency’s standards the placement of fill and affect on the floodplain. The City agree s to provide concurrence in Developer’s LOMR process as provided for in Chapter 15.68 ACC. 8. Design and Construction. The parties agree that as a material consideration for the C ity’s entry into this Agreement, the Developer will design and construct the Project in accordance with the Auburn Gateway Architectural and Site Design Standards adopted as part of this Agreement. Additionally, notwithstanding the permitted uses in the C-4, Mixed Use Commerci al Zoning District, the Developer agrees that the layout and uses of the Project shall adhere to the f ollowing guidelines: Multiple Family Residential uses shall only occur in a verti cal mixed-use development; other than common areas, parking, and access, multiple family residential uses shall not be on the ground floor of any building; The Project shall contain more full service, sit down resta urants than “fast food” restaurants including drive-thru type restaurants; Gas stations and automobile repair service and parts busines ses shall only be constructed as a department of a larger retail operation. 9. Transportation/Utility/Infrastructure Improvements. The City and Developer acknowledge that under this Agreement there will remain a “gap” in the funding of infrastructure improvements that the City is not obligated to fill but without which the Project might not go forward. The Parties agree that Developer’s requirement t o construct infrastructure is limited to improvements required by City code and/or mitigation measures sp ecified in the Planned Action Ordinance. Both Parties recognize that there are benefits fr om these improvements to the public that extend beyond the Developer’s obligations. Therefore, the P arties agree that they will work cooperatively to resolve issues related to infrastructure fundi ng. The Parties recognize that the DI.B
Development Agreement Page 7 of 21 Draft 9.23.11 Developer’s obligations will be proportionate to the scale and impact of the development. The Parties agree that, for purposes of this section, that the provis ion of payments and credits for infrastructure improvements is governed by state law and applic able City code. Both the City and Developer will make their best efforts to assist ea ch other as well as consider all other options in filling that “gap” as improvements become necessa ry. While a number of Transportation and Utility Improvements in and around the proposed Pr oject are needed to be made concurrent with initial construction of the Project, the Part ies agree that the infrastructure construction may be done in multiple increments. If the Developer constructs these needed improvements the City will, in accordance with City code and sta te law, provide the following payments and credits: Transportation Improvements: (a) Transportation Impact Fee Credit –The City has determined through its comprehensive transportation planning and transportation impact program development that certain infrastructure projects create capacity in the City ’s public street system and as such will remain included in the City’s list of eligible projects for traf fic impact fee credits (Transportation Impact Fee Program List). As such, the City will provide a credit for transportation fees attributable to the Project in conformance with Cha pter 19.04. (b) The City will also reimburse RPG from other such mitig ation fees it has or may collect for other developments in the area towards public st reet improvements that overlap with RPG’s required improvements, provided those funds have not expired and are available The Parties acknowledge that the City’s authorit y to expend available mitigation money will begin to expire beginning on November 13, 2013 and t hat if the Parties have not agreed on a method guaranteeing the expenditure of the money in advance of this and subsequent expiration dates, the City shall have the sole authority to expend that money in accordance with applicable law. It is al so acknowledged by the Parties that any such agreement shall be made a minimum of 24 months in advance of each associated expiration date to allow the City adequate tim e to expend the money before the required expiration dates. (c) Grants. The City will pursue placing a higher priority on the I Street NE project in the City’s Capital Facilities Plan and its Transportation Impr ovement Program. The City will at its sole discretion, apply for and seek state and federal gr ants for eligible Transportation improvements within the Northeast Auburn Special P lan Area in accordance with the City’s Comprehensive Transportation Plan and S ix-Year Transportation Improvement Program. The Developer agrees to pa rtner with the City in such efforts, including financially participating in an amount not to exceed the Developer’s proportional share of the improvement. If the Cit y is successful obtaining any such grants, the City will make a good faith effort to desig n and construct such improvements in coordination with the phasing project milestones s et out in this Agreement. (d) Street Payback Agreement. Developer may apply to the City for a St reet Payback Agreement in accordance with Chapter 12.70 of the Auburn City Code. DI.B
Development Agreement Page 8 of 21 Draft 9.23.11 Utilities Improvements: (e) Utility Payback Agreements – The City may enter into Ut ility Payback Agreements as set forth in ACC 13.40.060 in order to obtain reimbursement on behalf of the Developer for applicable Project-related public Utility Improvement s (water, sanitary sewer, and storm drainage) benefiting other new development consistent with the Auburn City Code in effect at the time the applicable permit is issued. (f) Utility System Development Charge Credit – The City will credit utility System Development Charges attributable to the Project to the extent the Developer over sizes public Utility Improvements (water, sanitary sewer, and st orm drainage) consistent with Auburn City Code at the time the applicable permit is issued. (g) The City will reimburse the Developer from other availab le mitigation funds collected by the City from the Port of Seattle as prescribed in the City’s agreement with the Port (Attachment 4) for applicable public water, sanitary sew er, and storm drainage improvements installed by the Developer, provided those funds have not expired and are available. The Parties acknowledge that the City’s authority to expend available mitigation money will begin to expire beginning on November 13, 2013, a nd that if the Parties have not agreed on a method guaranteeing the expenditure of the money in advance of this and subsequent expiration dates, the City shall ha ve the sole authority to expend that money in accordance with applicable law. It is al so acknowledge by the Parties that any such agreement shall be made a minimum of 24 months in advance of each associated expiration date to allow the City adequate tim e to expend the money before the required expiration dates. 10. Adequacy of Project Mitigation Under SEPA. The Project has been subject to detailed environmental review. The City issued a Determination of Signifi cance and a Final Northeast Auburn/Robertson Properties Environmental Impact Statement (E IS). The EIS sets forth numerous Project conditions in a variety of environmental areas. The City Council has reviewed the SEPA record and the EIS, and agrees to enter findings stat ing that, when all improvements are completed as contemplated for this Project, the Project in its entirety (inclusive of all properties within the Project Area for the EIS as approved, i ncluding addenda or supplements to the EIS) will be adequately mitigated under SEPA with the imp lementation of this Agreement and other project approvals including Comprehensive Plan map and text changes, zoning code map and text changes and adoption of a special area plan and pl anned action ordinance. The mitigation that is imposed under SEPA, through the City’s SEPA regulations, is listed in the City’s EIS, a copy of which is included as Attachment 3 to this Agreement. Subject to requirements contained in a Planned Action Ordinance, no further SEPA mi tigation will be required by the City for any Project qualifying as a Planne d Action, subject to a major modification as provided below in Paragraph 11, unless such further mi tigation is required by federal or state law or regulation, or is determined by the Ci ty in its sole discretion to be necessary to prevent a serious threat to public health and safety. DI.B
Development Agreement Page 9 of 21 Draft 9.23.11 11. Modifications. The Project will be subject to building, land use, environmental and engineering reviews and approvals. The final design of the bui ldings and other improvements, precise location of building footprints, location of utilities, de termination of access points, and other design issues will be determined during that process and are part of this Agreement. A. Deviations from the adopted document: ‘Auburn Gateway Architec tural and Site Design Standards’. The Planning Director or the Director’s Designee ha s the authority to vary from these standards on a specific limited instance and non-routine basis if the variation provides equivalent design or approximate dimensions, or if here are unique bui lding or site design considerations that, in the Director’s determination, warrant a deviation. B. Amendments to the adopted document: ‘Auburn Gateway Architectura l and Site Design Standards’. If the Developer wishes to amend any of the adopted ‘Auburn Gateway Architectural and Site Design Standards’, the Developer shall submit the proposed changes to the Planning Director, who shall forward them with a recommendation to the City Council’s Planning and Development Committee who shall have the authority to approve, approve with modifications or deny the requested design standard amendment(s). An “amendment” is a change to the standards that changes the area-wide and routine intent or effe ct of the standards. C. Modifications to the Development Agreement. Changes to the Development Agreement that are determined by t he Director of Planning and Development to constitute a major change shall be referred to the City of Auburn Hearing Examiner for a public hearing. The Hearing Examiner is aut horized by the Auburn City Council pursuant to RCW 36.70B.200 to review and decide on amendments to the Developm ent Agreement . The Hearing Examiner shall only review the request ed modification and shall rely on applicable regulations and standards identified through this Agreement for his or her decision-making. For purposes of this Agreement only, a modification to the D evelopment Agreement shall be those actions that are deemed by the Planning and Devel opment Director or City Engineer, as appropriate, to be major modifications including, but not limit ed to, the following: (a) A proposed change in land use; (b) Cumulative exceedance of the vehicle trip volumes or changes t o trip distribution patterns estimated for the project by the Northeast Auburn/Robertson Properties Special Planning Area Draft and Final EIS and addendums, supplements or m odifications to the EIS documents. (c) A proposed change to any of the development criteri a applicable to the Project as set out in this Agreement, except for minor deviations that are consiste nt with the current City regulations in effect at the time of this Agreement or subsequent ves ting period; (d) Change in density or intensity of use; DI.B
Development Agreement Page 10 of 21 Draft 9.23.11 (e) Change in “physical” environmental impact (going from no impact t o some impact); and (f) Substantive changes to utility capacity, service demand, or design. D. Changes to the term, the parties to the Agreement or the vesting periods in the Agreement, must be approved by the City Council. 12. Recording; Assignment. The Agreement shall be recorded with the Real Property Records Division of the King County Records and Elections Departme nt. The Agreement shall bind and inure to the benefit of the parties and their successors in interest. Developer may only assign this Agreement with the City’s written consent. Upon as signment and assumption of all obligations under the Agreement by the assignee, Developer shal l be released from all Agreement obligations that occur after the effective date of the ass ignment. 13. Dispute Resolution. In the event of a dispute regarding the interpretation of this Agreement, where there is not already a procedure provided for in the Agreement, staff from each party will attempt to resolve the dispute. If the Parties cannot resolve the dispute, either Party may request m ediation. The Parties will agree on a mediator. If Parties cannot agr ee on a mediator within 10 days of either party requesting mediation, each Party will choose a me diator, and the two mediators will choose a third to mediate the dispute. If mediation fails, this mat ter shall be heard in the Superior Court of King County, Washington. 14. Default. (a) Subject to extensions of time by mutual consent in writing, f ailure or delay by either party to perform any term or provision of this Agreement shall constitute a default. In the event of alleged default or breach of any terms or conditions of t his Agreement, the Party alleging such default or breach shall give the other Party not less than thirty (30) days notice in writing, specifying the nature of the alleged default and the manner in which said default may be cured. During this thirty (30) day period, the P arty charged shall not be considered in default for purposes of termination or institution of legal proce edings. (b) After notice and expiration of the thirty (30) day period, if such default has not been cured or is not being diligently cured in the manner set forth i n the notice, the other Party may, at its option, institute legal proceedings pursuant to this Agreement. In addition, the City may decide to file an action to enforce the City’s Codes , and to obtain penalties and costs as provided in the Auburn City Code for violations of this Devel opment Agreement and the Code. 15 . Termination. This Agreement shall expire and/or terminate as provided below: DI.B
Development Agreement Page 11 of 21 Draft 9.23.11 (a) This Agreement shall expire and be of no further force a nd effect if the Developer does not construct the Project as contemplated by the permits a nd approvals identified in this Agreement, or submits applications for development of the Property that are inconsistent with such permits and approvals. (b) This Agreement shall terminate upon the expiration of the t erm identified herein or when the Subject Property has been fully developed, which ever f irst occurs, and all of the Developer’s obligations in connection therewith are satisfie d as determined by the City. Upon termination of this Agreement, the City shall recor d a notice of such termination. This Agreement shall automatically terminate and be of no further force and effect as to any building and the lot or parcel upon which such bui lding is located, when it has been approved by the City for occupancy. 16. Effect upon Termination on Developer Obligations. Termination of this Agreement as to the Developer of the Subject Property or any portion ther eof shall not affect any of the Developer’s obligations to comply with the City Comprehensive Plan and the terms and conditions or any applicable zoning code(s) or subdivision map or other land use entitlements approved with respect to the Subject Property, any other conditi ons of any other development specified in the Agreement to continue after the termination of t his Agreement or obligations to pay assessments, liens, fees or taxes. 17. Effects upon Termination on City. Upon any termination of this Agreement as to the Developer of the Subject Property, or any portion thereof, the entitlements, conditions of development, limitations on fees and all other terms and conditions of this Agreement shall no longer be vested hereby with respect to the property affect ed by such termination (provided that vesting of such entitlements, conditions or fees may then be establ ished for such property pursuant to then existing planning and zoning laws). Notwithstanding te rmination of the Agreement before the end of the 15-year term of the Agreement, the City shall not initiate or approve any amendments to the land use and zoning requirements of t he C4, Mixed Use Commercial Zoning District as adopted in Ordinance No. 6183 until the end of the 15 th year after the effective date of the Agreement without Developer’s concurrence. 18. Reserved. 19. Administration of Agreement. This Agreement shall be administered by the authorized representative of the Developer, and by the Mayor of the City , or designee, on behalf of the City. Any written notices required by the terms of this Agreement s hall be served on or mailed to the following addresses: CITY OF AUBURN: Mayor City of Auburn 25 West Main Auburn, WA 98001-4998 DEVELOPER: Robertson Properties Group 120 N. Robertson Blvd. Los Angeles, CA 90048 DI.B
Development Agreement Page 12 of 21 Draft 9.23.11 (253) 931-3000 (253) 931-3053 – fax 20. Notices. All notices or communications permitted or required to be given unde r this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for mai ling by certified mail, return receipt requested and by regular mail and addressed, if to a p arty of this Agreement, to the address for the party set forth above, or if to a person not a pa rty to this Agreement, to the address designated by a party to this Agreement in the foregoin g manner. Any party may change his, her or its address by giving notice in writing, stating his, her or its new address, to any other party, all pursuant to the procedure set forth in this section of the Agreement . 21. Parties in Interest. This Agreement shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties he reto and their respective successors and assigns, provided that this section shall not be deeme d to permit any transfer or assignment otherwise prohibited by this Agreement. This Agreem ent is for the exclusive benefit of the parties hereto and it does not create a contractual rela tionship with or exist for the benefit of any third party, including contractors, sub-contractors and their suretie s. 22. Costs to Prevailing Party. In the event of such litigation or other legal action, to enforce any rights, responsibilities or obligations under this Agreeme nt, the prevailing parties shall be entitled to receive its reasonable costs and attorney’s fees. 22. Applicable Law. This Agreement and the rights of the parties hereunder shall be governed by the interpreted in accordance with the laws of the St ate of Washington and venue for any action hereunder shall be in King County, Washingto n; provided, however, that it is agreed and understood that any applicable statute of limitation shall commence no later than the last day of the fifteen (15) year term of the Agreement, or t he date of termination, whichever is earliest. 23. Nondiscrimination. Neither the City nor Developer shall discriminate on the basi s of any protected class as defined by any state, federal, or loca l ordinance, including but not limited to, race, color, national origin, disability, age, or sex in the performance of this Agreement. 24. Captions, Headings and Titles. All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of refer ence only and shall not constitute a part of this Agreement or act as a limitation of the scop e of the particular paragraph or sections to which they apply. Terms not specifically defined in this Agr eement shall have the same definition as in the applicable section of the Auburn City Code . As used herein, where appropriate, the singular shall include the plural and vice versa and masculine, feminine and neuter expressions shall be interchangeable. Interpretation or construction of this Agreement shall not be affected by any determination as to who is the draf ter of this Agreement, this Agreement having been drafted by mutual agreement of the parties. DI.B
Development Agreement Page 13 of 21 Draft 9.23.11 25. Severable Provisions. Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid for any reason whats oever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 26. Entire Agreement. This Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matte r. 27. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective w hen one or more counterparts have been signed by each of the parties and delivered to the other party . 28. Post-execution actions: The Parties agree that, after execution of this Agreement, the y will work cooperatively to resolve issues relating to infrastruc ture funding, the construction of I Street NE, seeking an agreement with the City of Kent to allow for a traff ic signal at I Street NE and S 277 th Street, any applicable zoning changes, and allocation of flood storage capacit y. Agreed this _____ day of _____________________________, 2010. CITY OF AUBURN Peter Lewis, Mayor DEVELOPER By Title: ATTEST: Danielle Daskam, Auburn City Clerk DEVELOPER By Title: Approved as to form: Daniel B. Heid, Auburn City Attorney STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) DI.B
Development Agreement Page 14 of 21 Draft 9.23.11 I certify that I know or have satisfactory evidence that Pete r Lewis is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument, and acknowl edged it as the Mayor of the City of Auburn to be the free and voluntary act of such part y for the uses and purposes mentioned in the instrument. Dated this _____ day of __________________________, 20_____. ___________________________________ Print Name: _________________________ Notary public in and for the State of Washington, residing at: _______________ My appointment expires: _______________ DI.B
Development Agreement Page 15 of 21 Draft 9.23.11 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that ______________________________ and ___________________ are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were auth orized to execute the instrument, and acknowledged it as the ___________________ of Developer, a corporation, to be the free and voluntary act of such corporation for the uses and p urposes mentioned in the instrument. Dated this _____ day of __________________________, 20_____. ___________________________________ Print Name: _________________________ Notary public in and for the State of Washington, residing at: _______________ My appointment expires: _______________ STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that ______________________________ and ___________________ are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were auth orized to execute the instrument, and acknowledged it as the ___________________ of Developer, a corporation, to be the free and voluntary act of such corporation for the uses and p urposes mentioned in the instrument. Dated this _____ day of __________________________, 20_____. ___________________________________ Print Name: _________________________ Notary public in and for the State of Washington, residing at: _______________ My appointment expires: _______________ DI.B
Attachment 1 ATTACHMENT 1 - LEGAL DESCRIPTION OF DEVELOPER’S PROJECT DI.B
Attachment 2 ATTACHMENT 2 - PROJECT SITE PLAN The Project Site Plan is incorporated into the Agreement, and i s attached. Below is a brief description of the Project. The Project is more fully descr ibed in the SEPA Final Environmental Impact Statement (Attachment 3) and supplements and addendums, etc. on file wit h the City. DI.B
Attachment 3 ATTACHMENT 3 - CITY OF AUBURN’S ENVIRONMENTAL REVIEW DRAFT AND FINAL NORTHEAST AUBURN/ROBERTSON PROPERTI ES ENVIRONMENTAL IMPACT STATEMENTS ) and supplements and addendums, etc. Dated _______________________________________ DI.B
Attachment 4 ATTACHMENT 4 – DEVELOPMENT REGULATIONS Development Regulations ACC Title 12, (Streets, Sidewalks and Public Works) Except C hapters 12.04 (Public Works Construction) and 12.64 (Required Public Improvements), and excluding any provision in Title 12 requiring payment of permit fees and assessments and excludi ng provisions setting forth permit procedures. ACC Title 16 (Environmental Review, Shoreline Development Permi ts and Critical Areas Regulations) Except any provisions related to requiring payment of fee s and permit procedures. ACC Title 17 (Subdivisions) Except any provisions related to re quiring payment of fees and permit procedures. ACC Title 18 (Zoning) Except any provisions related to requiring payment of fees and permit procedures. The Development Regulations attached as Exhibit No. 4 are not in a form suitable for recording. Copies of the Development Regulations/Exhibit 4 have been provide d to Auburn Properties Inc. and the City of Auburn with this Agreement and at the time of this Agreement. Any person wanting copies of this Exhibit 4 may obtain such copies by contacting the City Clerk, at the City of Auburn City Clerk’s Office 25 West Main Street, Auburn, WA, 98001, (253) 931-3090, or Auburn Properties Inc., attn: (contact person) (address and phone number ) DI.B
Attachment 4 DI.B
ATTACHMENT 1- LEGAL DESCRIPTION PARCEL A : THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A. COX AND HIS WIFE, ELIZABETH COX, DESIGNATED AS CLAIM NO. 38, BEING A PART OF SE CTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID DONATION LAND CLAIM; THENCE SOUTH 1°53'45" WEST 898.20 FEET TO THE SOUTH LINE OF SOUTH 280TH STREET AS ESTABLISHED BY DEED TO KING COUNTY RECORDED UNDER R ECORDING NUMBER 5869551 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 1°53'45" WEST 859.86 FEET; THENCE SOUTH 56°01'19" WEST 203.43 FEET; THENCE NORTH 89°17'18" WEST 485.03 FEET; THENCE NORTH 1°53'45" EAST 285.8 FEET; THENCE NORTH 89°47'15" WEST 350.00 FEET; THENCE NORTH 1°53'45" EAST 166.01 FEET TO A POINT W HICH IS 1,000 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF SAID DONATION LAND CLAIM; THENCE NORTH 88°06'15" WEST TO THE EAST MARGIN OF K ENT-AUBURN ROAD, 86TH AVENUE SOUTH, AS ESTABLISHED BY DEEDS TO KING COUNTY RECOR DED UNDER RECORDING NUMBERS 761006 AND 761007; THENCE NORTHERLY ALONG SAID EASTERLY LINE TO THE NO RTHWEST CORNER OF THAT PORTION OF 49TH STREET NORTHEAST, AS VACATED UNDER ORDINANCE NUMBER 2627 IN THE CITY OF' AUBURN, ALSO RECORDED UNDER RECORDING NUMBER 7301120384; THENCE SOUTH 89°08'15" EAST, 1,005.22 FEET; THENCE SOUTH 1°53'45" WEST 10 FEET; THENCE SOUTH 89°08'15" EAST TO THE TRUE POINT OF BE GINNING; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID DONATION LAND CLAIM NO. 38; THENCE NORTH 88°55' WEST 420.15 FEET; THENCE SOUTH 1°53'45" WEST 1,229.725 FEET; THENCE NORTH 87°24'27" WEST 579.90 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 87°24'27" WEST 42.4 FEET; THENCE SOUTH 1°53'45" WEST 117.60 FEET; THENCE NORTH 88°06'15" WEST TO THE EAST MARGIN OF K ENT-AUBURN ROAD, 86TH AVENUE SOUTH, AS ESTABLISHED BY DEED TO KING COUNTY RECORD ED UNDER RECORDING NUMBER 761007; THENCE NORTHERLY ALONG SAID EASTERLY MARGIN TO THE NORTHWEST CORNER OF THAT PORTION OF 49TH STREET NORTHEAST AS VACATED UNDER O RDINANCE NUMBER 2627 IN THE CITY OF AUBURN AND ALSO RECORDED UNDER RECORDIN G NUMBER 7301120384; THENCE SOUTH 89°08'15" EAST ALONG THE NORTHERLY LIN E OF SAID VACATED PORTION OF 49TH STREET NORTHEAST TO A POINT NORTH 1°53'45" EAS T FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 1°53'45" WEST TO THE TRUE POINT OF BEG INNING; TOGETHER WITH THAT PORTION OF VACATED "D" STREET NO RTHEAST (86TH AVENUE SOUTH) AS VACATED BY ORDINANCE NUMBER 2626, RECORDED UNDER RECORDING NUMBER 7301120385, AS WOULD ATTACH BY OPERATION OF LAW; TOGETHER WITH THOSE PORTIONS OF VACATED 49TH STREET NORTHEAST (SOUTH 280TH STREET) ADJOINING AS VACATED BY AUBURN ORDINANCES 2 627, 3594, & 3614, RECORDED UNDER RECORDING NUMBERS 7301120384, 8102090641 & 81 04220744, RESPECTIVELY, AS WOULD ATTACH BY OPERATION OF LAW; DI.B
(ALSO KNOWN AS PORTIONS OF TRACTS 34, 35, 36, 37, 3 8 AND 39, TOGETHER WITH VACATED STREETS ADJOINING, WHITE RIVER VALLEY HOME TRACTS 2 ND ADDITION, ACCORDING TO THE UNRECORDED PLAT THEREOF). PARCEL B: THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A. COX AND HIS WIFE, ELIZABETH COX,' DESIGNATED .AS CLAIM NO. 38, BEING A PART OF SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID DONA TION CLAIM, A DISTANCE OF 420.15 FEET WEST OF THE NORTHEAST PARCEL F: THAT PORTION OF THE W.A. COX D.L.C., IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DE SCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID W.A. COX D.L.C.; THENCE WEST ALONG THE NORTH LINE THEREOF 210.15 FEE T TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WEST ALONG SAID NORTH LINE 210.0 FEET; THENCE SOUTH 839.74 FEET, MORE OR LESS, TO THE NORT H LINE OF SOUTH 280TH STREET AS ESTABLISHED BY DEEDS TO KING COUNTY RECORDED UND ER RECORDING NUMBERS 544796 AND 5869551, AT A POINT 420.31 FEET WEST FRO M THE EAST LINE OF SAID COX D.L.C.; THENCE EAST ALONG SAID NORTH LINE 209.94 FEET; THENCE NORTH 839.0 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THE SOUTH 414.56 FEET THEREOF; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN SOUTH 277 TH STREET (52ND STREET NORTHEAST); (ALSO KNOWN AS A PORTION OF TRACT 41, WHITE RIVER V ALLEY HOME TRACTS 2ND ADDITION, ACCORDING TO THE UNRECORDED PLAT THEREOF). PARCEL G: THAT PORTION OF THE W.A. COX D.L.C. IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DE SCRIBED AS FOLLOWS: BEGINNING AT THE. NORTHEAST CORNER OF SAID W.A. COX D.L.C.; THENCE WEST ALONG THE NORTH LINE THEREOF 210.15 FEE T; THENCE SOUTH 839 FEET, MORE OR LESS, TO THE NORTH L INE OF SOUTH 280TH STREET AS ESTABLISHED BY DEEDS TO KING COUNTY RECORDED UNDER RECORDING NUMBERS 544796 AND 5869551, AT A POINT 210.37 FEET WEST OF THE EAS T LINE OF SAID D.L.C.; THENCE EAST ALONG SAID NORTH LINE 210.37 FEET TO TH E EAST LINE OF SAID D.L.C.; THENCE NORTHERLY ALONG SAID EAST LINE 838.2 FEET TO THE POINT OF BEGINNING; EXCEPT THE SOUTH 414.56 FEET THEREOF; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN SOUTH 277 TH STREET (52ND STREET NORTHEAST); DI.B
(ALSO KNOWN AS A PORTION OF TRACTS 40 AND 41, WHITE RIVER VALLEY HOME TRACTS 2ND ADDITION, ACCORDING TO THE UNRECORDED PLAT THEREOF). PARCEL H : THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A. COX AND HIS WIFE, ELIZABETH COX, DESIGNATED AS CLAIM NO. 38, BEING A PORTION OF SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID DONATION LAND CLAIM NO. 38; THENCE NORTH 88°55' WEST 420.15 FEET; THENCE SOUTH 1°53'45" WEST 1,229.725 FEET; THENCE NORTH 87°24'27" WEST 622.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 1°53'45" WEST 117.60 FEET; THENCE NORTH 88°06'15" WEST TO THE EAST MARGIN OF K ENT-AUBURN ROAD (86TH AVENUE SOUTH), AS ESTABLISHED BY DEED TO KING COUNTY RECOR DED UNDER RECORDING NUMBER 761007; THENCE NORTHERLY ALONG SAID EASTERLY MARGIN TO A PO INT FROM WHICH THE TRUE POINT OF BEGINNING BEARS SOUTH 87°24'27" EAST; THENCE SOUTH 87°24'27" EAST TO THE TRUE POINT OF BE GINNING; TOGETHER WITH THAT PORTION OF VACATED "D" STREET NO RTHEAST (86TH AVENUE SOUTH) ADJOINING, WHICH UPON VACATION, ATTACHED TO SAID PR OPERTY BY OPERATION OF LAW; PARCEL F: THAT PORTION OF THE W.A. COX D.L.C., IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DE SCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID W.A. COX D.L.C.; THENCE WEST ALONG THE NORTH LINE THEREOF 210.15 FEE T TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WEST ALONG SAID NORTH LINE 210.0 FEET; THENCE SOUTH 839.74 FEET, MORE OR LESS, TO THE NORT H LINE OF SOUTH 280TH STREET AS ESTABLISHED BY DEEDS TO KING COUNTY RECORDED UND ER RECORDING NUMBERS 544796 AND 5869551, AT A POINT 420.31 FEET WEST FRO M THE EAST LINE OF SAID COX D.L.C.; THENCE EAST ALONG SAID NORTH LINE 209.94 FEET; THENCE NORTH 839.0 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THE SOUTH 414.56 FEET THEREOF; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN SOUTH 277 TH STREET (52ND STREET NORTHEAST); (ALSO KNOWN AS A PORTION OF TRACT 41, WHITE RIVER V ALLEY HOME TRACTS 2ND ADDITION, ACCORDING TO THE UNRECORDED PLAT THEREOF). PARCEL G: THAT PORTION OF THE W.A. COX D.L.C. IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DE SCRIBED AS FOLLOWS: BEGINNING AT THE. NORTHEAST CORNER OF SAID W.A. COX D.L.C.; THENCE WEST ALONG THE NORTH LINE THEREOF 210.15 FEE T; DI.B
THENCE SOUTH 839 FEET, MORE OR LESS, TO THE NORTH L INE OF SOUTH 280TH STREET AS ESTABLISHED BY DEEDS TO KING COUNTY RECORDED UNDER RECORDING NUMBERS 544796 AND 5869551, AT A POINT 210.37 FEET WEST OF THE EAS T LINE OF SAID D.L.C.; THENCE EAST ALONG SAID NORTH LINE 210.37 FEET TO TH E EAST LINE OF SAID D.L.C.; THENCE NORTHERLY ALONG SAID EAST LINE 838.2 FEET TO THE POINT OF BEGINNING; EXCEPT THE SOUTH 414.56 FEET THEREOF; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN SOUTH 277 TH STREET (52ND STREET NORTHEAST); (ALSO KNOWN AS A PORTION OF TRACTS 40 AND 41, WHITE RIVER VALLEY HOME TRACTS 2ND ADDITION, ACCORDING TO THE UNRECORDED PLAT THEREOF). PARCEL H: THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A. COX AND HIS WIFE, ELIZABETH COX, DESIGNATED AS CLAIM NO. 38, BEING A PORTION OF SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID DONATION LAND CLAIM NO. 38; THENCE NORTH 88°55' WEST 420.15 FEET; THENCE SOUTH 1°53'45" WEST 1,229.725 FEET; THENCE NORTH 87°24'27" WEST 622.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 1°53'45" WEST 117.60 FEET; THENCE NORTH 88°06'15" WEST TO THE EAST MARGIN OF K ENT-AUBURN ROAD (86TH AVENUE SOUTH), AS ESTABLISHED BY DEED TO KING COUNTY RECOR DED UNDER RECORDING NUMBER 761007; THENCE NORTHERLY ALONG SAID EASTERLY MARGIN TO A PO INT FROM WHICH THE TRUE POINT OF BEGINNING BEARS SOUTH 87°24'27" EAST; THENCE SOUTH 87°24'27" EAST TO THE TRUE POINT OF BE GINNING; TOGETHER WITH THAT PORTION OF VACATED "D" STREET NO RTHEAST (86TH AVENUE SOUTH) ADJOINING, WHICH UPON VACATION, ATTACHED TO SAID PR OPERTY BY OPERATION OF LAW; (ALSO KNOWN AS A NORTHWESTERLY PORTION OF TRACT 36, TOGETHER WITH VACATED STREET ADJOINING, WHITE RIVER VALLEY HOME TRACTS 2N D ADDITION, ACCORDING TO THE UNRECORDED PLAT THEREOF). PARCEL I: A TRACT OF LAND IN THE W.A. COX DONATION LAND CLAIM NO. 38, IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KIN G COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT AN INTERSECTION IN THE CURVE OF THE EA STERLY MARGIN OF THE KENT-AUBURN ROAD, AS ACQUIRED BY KING COUNTY IN SUPERIOR COURT CAUSE NO. 85322, ALSO KNOWN AS ROAD #76, AND THE NORTHEASTERLY MARGIN OF AUBURN WAY NORTH; THENCE SOUTH 35°14'08" EAST ALONG THE EASTERLY MARGIN OF A UBURN WAY NORTH 65.00 FEET TO THE POINT OF BEGINNING OF SAID TRACT OF LAND; THENCE CONTINUING SOUTH 35°14'08" EAST 248.49 FEET; THENCE NORTH 49°55'00" EAST 126.88 FEET; THENCE NORTH 34°44'00" WEST 146.85 FEET; THENCE NORTH 89°47'15" WEST 156.77 FEET TO THE POIN T OF BEGINNING; DI.B
(ALSO KNOWN AS A PORTION OF TRACTS 34 AND 35, WHITE RIVER VALLEY HOME TRACTS 2ND ADDITION, ACCORDING TO THE UNRECORDED PLAT THEREOF). PARCEL J: PARCEL 1, CITY OF AUBURN SHORT PLAT NUMBER SP-29-79 , RECORDED UNDER RECORDING NUMBER 7912120806, SAID SHORT PLAT BEING A SUBDIVIS ION OF A PORTION OF THE W.A. COX DONATION LAND CLAIM NO. 38, IN SECTION 31, TOWN SHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED "D" STREET NO RTHEAST ADJOINING, AS WOULD ATTACH BY OPERATION OF LAW; TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND U TILITIES OVER PARCEL 2 OF SAID SHORT PLAT, AS ESTABLISHED BY INSTRUMENT RECOR DED UNDER RECORDING NUMBER 7909281042. PARCEL K: THAT PORTION OF PARCEL 2, CITY OF AUBURN SHORT PLAT NUMBER SP-29-79, RECORDED UNDER RECORDING NUMBER 7912120806, LYING WEST OF TH E SOUTHERLY PRODUCTION OF THE EAST LINE OF PARCEL 1 OF SAID SHORT PLAT; ALSO THE WEST 427.03 FEET OF THAT PORTION OF PARCEL 2 OF SAID SHORT PLAT LYING EAST OF THE SOUTHERLY PRODUCTION OF THE EAST LINE PARCEL 1 OF SAID SHORT PLAT; SAID SHORT PLAT BEING A SUBDIVISION OF A PORTION OF THE W.A. COX DONATION LAND CLAIM NO. 38, IN SECTION 31, TOWNSHIP 22 NORTH, RAN GE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. PARCEL L: THE SOUTH 200 FEET OF THE EAST 110 FEET OF THAT POR TION OF W.A. COX DONATION CLAIM NOS. 38 AND 43, IN KING COUNTY, WASHINGTON, D ESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE WHITE RIVE R VALLEY HOME TRACTS; THENCE SOUTH ALONG EAST LINE TO SOUTHEAST CORNER OF TRACT 32 OF SAID ADDITION; THENCE EASTERLY TO A POINT 258.2 FEET EAST OF EAST LINE OF SAID TRACT 32; THENCE NORTH 809.4 FEET TO NORTH LINE OF DONATION CLAIM; THENCE WEST 258.2 FEET TO BEGINNING; EXCEPT STATE ROAD NO. 5; AND EXCEPT ANY PORTION LYING WITHIN THE RIGHT OF WA Y FOR 49TH STREET NORTHEAST. DI.B
PARCEL M: THAT PORTION OF THE W.A. COX DONATION LAND CLAIM NO S. 38 AND 43, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF WHITE RIVER VA LLEY HOME TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 1 3 OF PLATS, PAGE 17, IN KING COUNTY, WASHINGTON; THENCE SOUTH ALONG EAST LINE TO SOUTHEAST CORNER OF TRACT 32 OF SAID ADDITION; THENCE EASTERLY TO A POINT 258.2 FEET EAST OF EAST LINE OF SAID TRACT 32; THENCE NORTH 809.4 FEET TO NORTH LINE OF DONATION CLAIM; THENCE WEST 258.2 FEET TO BEGINNING; EXCEPT STATE ROAD NO. 5; AND EXCEPT THE SOUTH 200 FEET OF THE EAST 110 FEET THEREOF; AND EXCEPT ANY PORTION LYING WITHIN THE RIGHT OF WA Y FOR 49TH STREET NORTHEAST; AND EXCEPT ALL THAT PORTION OF THE FOLLOWING DESCRI BED TRACT OF LAND LYING SOUTHWESTERLY OF A LINE DRAWN 15.2 FEET RADIALLY FR OM A POINT 52 FEET NORTHEASTERLY OF STATION 122 + 63 OF AUBURN WAY NOR TH AND EXTENDING FROM THE NORTH LINE OF 49TH STREET NORTHEAST TO A POINT OPPO SITE STATION 122 + 72 (AND AS CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UND ER RECORDING NUMBER 7911271078, RECORDS OF KING COUNTY, WASHINGTON): THAT PORTION OF W.A. COX DONATION CLAIM NOS. 38 AND 43, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE WHITE RIVE R VALLEY HOME TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 1 3 OF PLATS, PAGE 17, IN KING COUNTY, WASHINGTON; THENCE SOUTH ALONG EAST LINE TO SOUTHEAST CORNER OF TRACT 32 OF SAID ADDITION; THENCE EASTERLY TO A POINT 258.2 FEET EAST OF EAST LINE OF SAID TRACT 32; THENCE NORTH 809.4 FEET TO NORTH LINE OF DONATION CLAIM; THENCE WEST 258.2 FEET TO BEGINNING; SITUATE IN KING COUNTY, WASHINGTON. PARCEL N: THAT PORTION OF THE EAST HALF OF THE W.A. COX DONAT ION LAND CLAIM IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUN TY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING 1,454.4 FEET WEST OF THE NORTHEAST CORNER OF SAID W.A. COX DONATION LAND CLAIM; THENCE SOUTH 843.64 FEET; THENCE WEST 258.06 FEET; THENCE NORTH 844.6 FEET; THENCE EAST 258.95 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF THE ABOVE DESCRIBED TRACT OF LAND, A DISTANCE 312 FEET NORTH OF THE SOUTHEAST CORNER THE REOF; DI.B
THENCE SOUTH ALONG SAID EAST LINE 312 FEET; THENCE WEST ALONG THE SOUTH LINE OF SAID ABOVE DESC RIBED TRACT 258.06 FEET; THENCE NORTH ALONG THE WEST LINE OF SAID TRACT 312 FEET TO A POINT WEST OF THE POINT OF BEGINNING; THENCE EAST TO THE POINT OF BEGINNING; ALSO EXCEPT THE EAST 30 FEET CONDEMNED FOR ROAD PUR POSES IN KING COUNTY SUPERIOR COURT CAUSE NO. 85322; ALSO EXCEPT THAT PORTION, IF ANY, LYING WITHIN THAT CERTAIN TRACT OF LAND CONVEYED TO DAVE HILL AND BRIDGET HILL, HUSBAND AND WIFE, BY DEED RECORDED IN VOLUME 469 OF DEEDS, PAGE 605, RECORDS OF KING COUN TY; ALSO EXCEPT THAT PORTION, IF ANY, LYING WITHIN SOUT H 277TH STREET (52ND STREET NORTHEAST); (BEING KNOWN AS A PORTION OF TRACT 46, WHITE RIVER VALLEY HOME TRACTS NO. 2, ACCORDING TO THE UNRECORDED PLAT THEREOF). PARCEL O: THAT PORTION OF LOT 32, WHITE RIVER VALLEY HOME TRA CTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 13 OF PLATS AT PAGE 17, IN KING COUNTY, WASHINGTON, LYING NORTHEASTERLY OF PRIMARY STATE HIGHWAY NO. 5; EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHIN GTON BY DEED RECORDED AUGUST 18, 1964 UNDER RECORDING NO. 5775470. DI.B
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Page 1 September 21, 2011 D evelopment Agreement Criteria (Related to Development Agreement Code Section ACC 14.21, rep ealed) Context: Former Chapter 14.21 ACC, Development Agreements (Repealed in 2008 by Ordinance No. 6817) set out the city’s specific requirements for development agreements. The se requirements are more detailed than the provisions of state law governing devel opment agreements. Robertson Properties Group (RPG) applied for a developme nt agreement before the code section was repealed, and the City has worked with them over the years to bring a proposal that staff could favorably recommend to the City Counci l. In general, the city’s code section provides a development agreement can a uthorize greater flexibility in the existing city standards in exchange for dev elopment to be of significantly higher quality, generating more public benefit, and be a more sensitive proposal than would have been the case of a more typical development. Auburn City Code 14.21.010.B (Nonresidential or Mixed Use Projects) which is applicable to this project specifies that the City may consider a d evelopment agreement for a nonresidential or mixed use project in areas designated for office, c ommercial, industrial or institutional use in the comprehensive plan, or in a designated spec ial plan area. In its evaluation of a proposal, the City shall consider whether a p roposal will: 1. Provide development that is consistent with the goals and policies of the comprehensive plan; 2. Provide efficient and effective use of land, open space and public facili ties that result in a higher quality of development than is required by the standards of t he applicable zone; 3. Provide building and site design that complement surrounding land uses and their environment; and, 4. Provide for superior protection of critical areas. The following information is provided to demonstrate how the pending applicati on addresses the criteria for approval. DI.B
Page 2 September 21, 2011 D evelopment Agreement Provisions (term sheet) (Related to Development Agreement Criteria (ACC 14.21, repe aled)) Requests for Relief/Flexibility • Vesting . Normally, state and city laws allow for a plat to be vested for seven years to the development standards in effect the time of approval. The propos ed development agreement provides for an extended vesting period of a total of fifteen years from execution, broken into three, 5-year periods. This “rolling vesting” minimizes city risk associated with attempting to forecast im pacts over the 15-year lifetime of the development agreement. The C-4, Mixed Use Commercial zoning originally, provisionally adopted by Ordinance No. 6183 in 2008 will apply for the entire 15-year period. “Footprint design” regulations , such as city street standard right-of-way widths, will only change at the beg inning of each vesting period. “Technical design” regulations and life-safety reg ulations, such as building, fire, mechanical and plumbing codes will not be vested and thus subject to the standards in effect at each individual permit applied for. • Land Use Flexibility The developer has requested the ability to include a mixture of office, retail and residential uses for the site development. The Environmental Impact Statements and related documents have been prepared t o recognize this flexibility in the proposed land use mix and the developer could develop up to the threshold levels studied. However, regarding residential uses, the development shall only be allowed on the upper story of multi-stored buildings except for ancillary interior uses needed to support the residenti al uses. The first floor must consist of other allowed, non-residential land uses. • Preferred Land Uses These standards reflect Council’s policy guidance regarding construction of mixed-use developments, prioritization of full-s ervice restaurants over drive-through restaurants, and avoidance of stand-alone gasoline dispensing uses. The provisional C4, Mixed Use Commercial zoning district limits multiple family residential uses to upper story of multi-st ored buildings except for ancillary interior uses and it also requires that gasoline dispensi ng be secondary to another use. The prioritization of full service restaurants is on ly expressed in the development agreement. • Transportation and Utility Infrastructure. City Code authorities require developers to construct certain transportation and utility infrastructure (such as half-street improvements, etc.) Under separate State Environmental Polic y Act (SEPA) authority, other infrastructure improvements may be needed to addre ss project impacts to serve the new development and the new development may have a proportional share; but the improvement is needed prior to development. T he Agreement acknowledges that infrastructure that benefits RPG’s develop ment will also benefit other properties in the City. The Agreement provides for the parties to work cooperatively to phase infrastructure construction so that adequate facilities are in place for each phase of RPG’s project. It a lso provides that the DI.B
Page 3 September 21, 2011 City will place a higher priority on designation of I ST NE in the City’s Capital Facilities Plan (CFP) and Transportation Improvement Program (TIP). • A rchitectural and Site D esign Standards. RPG has requested the City not have the ability to initiate changes to the Auburn Gateway Architectural a nd Site Design Standards once adopted. Changes to the standards would be initiated by RPG. The Architectural and Design Standards are expected to be impleme nted by the development agreement and for consistency with city code, with a future modification to the portion of the zoning code that references other city design standards. • Transportation/Utility Infrastructure Improvements. At RPG’s request the City has memorialized in Section 9 of the Development Agreement the various mechanisms available in code and through other avenues currently available to the city, such as interlocal agreements, impact fees and previous SEPA mi tigation measures, the monies that are available to financially assist infrastr ucture improvements needed in the vicinity. RPG asked for these items to be included in the DA to increase certainty and in order to bring these items forward and m ake them part of this voluntary contract (Development Agreement). Where the mechanisms are found in code requirements, the referenced code sections would be part of an attachment to the development agreement and thus future changes t o these referenced code sections would be subject to the rolling vesting provis ions of the agreement. • Flood Storage Capacity. City regulations require developers to construct compensatory flood storage for fill placement in the floodplain that reduce s available storage volume. The Agreement provides that the City will make available to RPG City-owned/controlled flood storage capacity on the adjac ent Port of Seattle wetland mitigation property when and if the city secures right of use permission from the Port of Seattle. • Ability to Modify the D evelopment Agreement. Acknowledging that market conditions will likely change over the term of the Agreement, it provides a c lear process for possible modification to the development agreement that bal ances allowing administrative approval of changes that have minor effects, while providing a public hearing process for major modifications. • Commitment to Transportation Payback Mechanisms The City has determined that the below listed projects will create capacity i n the City’s public street system and as such commits that the following listed improvements w ill remain included in the City’s list of eligible projects for traffic im pact fee credits. As such, the City will provide a credit for transportation fees attributab le to the Project in conformance with Chapter 19.04 for the following improvements as listed in the Traffic Impact Fee Program List. DI.B
Page 4 September 21, 2011 • 49 th Street NE between Auburn Way North and “M” Street NE • “I” Street NE Between 40 th Street NE and S. 277 th Street (52 nd Street NE) Public/Community Benefits (pursuant to repealed ACC 14.21.010(B)) • “Provide development that is consistent with the goals and policies of th e comprehensive plan;” (ACC 14.21.010(B)(1)) With approval of the development agreement and planned action ordinance and incorporated elements, the development agreement and project will be consistent with the goals and policies of the city’s comprehensive plan (See the relevant Comprehensive Plan policies below, excerpted from Comprehen sive Plan) • “Provide efficient and effective use of land, open space and public faci lities that results in a higher quality of development than is required by the standards of the applicable zone;” (ACC 14.21.010(B)(2)) A traffic analysis has been prepared, right-of-way (ROW) is pr oposed to be dedicated and improved (either through half street requirements and mitigati on measures) to manage vehicular traffic associated with the proje ct and passing through the project site. RPG has developed Architectural and Site Desig n Standards to promote pedestrian-oriented design for the development. The applicant will be responsible for continuation of trail construction along the s outh side of S. 277 th Street along their frontage. A mitigation measure proposed to be included in the planned action ordinance requires provision of a master plan for pedestrian/non-motorized circulation for City of Auburn review and approval. In 2008 by Ordinance No. 6183, the city provisionally adopted the C4, Mixed Use Commercial zoning that requires residential to be located on the upper story of multi-storied buildings and thus encouraging compact development and potentially, affordability. The ability to coordinate development over approximately 63 acres will facilitate coordination of utility and road infrastructure improvements that can result in efficiencies and potential ly result in lower development and maintenance costs. In particular, the city will r ealize substantial dedication of ROW for and construction of I ST NE, a minor arteria l street, to serve as a reliever for Auburn Way N and avoid more piecemea l dedication and roadway construction. • Provide building and site design that complement surrounding land us es and their environment;” (ACC 14.21.010(B)(3)) RPG, in conjunction with the city, has originated Architectural and Site Desi gn Standards to apply to the Auburn Gateway project to demonstrate an enhanced level of design and quality and promote compatibility within the Project boundaries. The Architectural and Site Design Standards will be made a requirement of the project through the Development agreement and a code amendment. DI.B
Page 5 September 21, 2011 The project’s traffic analysis and environmental review process lead t o identification of a road network benefitting the project, vicinity and the c ity through provision of linkages in an area currently underserved by streets. The identified road network will improve transitions to adjacent areas. RPG, in conjunction with the city, has originated Architectural and Site Desi gn Standards to apply to the Auburn Gateway project to demonstrate an emphas is on non-motorized transportation. The applicant will be responsible continuation of trail construction along the south side of S 277th Street. A mitigation measure requires provision of a master plan for pedestrian/non-motorized circula tion for City of Auburn review and approval. The plan to be approved by the city will ensure public amenities consistent with the non-motorized plan. Upon the city’s successful securing of rights from the Port of Seattle for th e use of floodplain storage in their constructed wetland mitigation site, the City wil l make a portion of the floodplain storage available to RPG for their use. In exchange for provision of this floodplain storage, RPG will provide compensation to the city in the form of mutually agreed consideration. Additionally, the developer shall pursue the formal recognition by the Federal Emergency Management Age ncy (FEMA) of the placement of fill and affect on floodplain through the Lette r of Map Revision. Compensation to the City for the provision of floodplain storage will need to be identified. • “Provide for superior protection of critical areas.” (ACC 14.21.010(B)(4)) The site in a minimally developed state currently contains significant amounts of open space, wetlands, drainage courses, some scattered mature trees (mostly cottonwood and poplar trees) and 100-year floodplain. In July of 2005 RPG undertook 40,546 square feet of buffer enhancement through planting 30-foot buffers around one wetland and the on-site portion of another wetland (SEP04-0034 & GRA04-0018). The on-site portions of the two wetlands with enhanced buffers are preserved by recorded conservation easements. The site al so contains portions of at least two other wetlands which have not yet been identified for protection. Future alteration of these remaining wetlands would be in accordance with the city’s adopted critical areas regulations in effect as sta ted in the vesting provisions of the development agreement. Other Public/Community Benefits • Protection of City Interests. o RPG has agreed to prepare written progress and status reports to the City at least twice per year, and to participate in meetings with Counci l and staff to report on the project status at least annually. Status informat ion includes leasing, construction and permit information. o Acknowledging that market conditions will likely change over the term of the Agreement, it provides a clear process for possible modifications t hat balances allowing administrative approval of changes that have minor effects, while providing a public hearing process for major modific ations. DI.B
Page 6 September 21, 2011 o The Agreement contains a termination provision that requires permits/approvals must be “substantially underway” prior to the exp iration of the term of the development agreement and does not extend the normal code required lifetime of the permits/approvals. It also requires RPG to submit permit/approval applications that are consistent with this Proj ect as identified in the Development Agreement (and the design standards).DI.B
Page 7 September 21, 2011 Listing of Relevant Comprehensive Plan Policies Chapter 2, General Approach GP-6 The growth impacts of major private or public developme nt which place significant service demands on community facilities, amenities a nd services, and impacts on the City's general quality of life shall be c arefully studied under the provisions of SEPA prior to development approval. Siting of any major development (including public facilities such as, but not limited to, solid waste processing facilities and landfills) shall be ca refully and thoroughly evaluated through provisions of SEPA prior to project approva l, conditional approval, or denial. Appropriate mitigating measures to ensure conformance with this Plan shall be required. GP-7 Regional scale development shall be encouraged to provide a balance between regional service demands and impacts placed on the City's quali ty of life versus the local benefits derived from such development. Chapter 3, Land Use LU- 57 Mixed-use developments with both commercial and residentia l components are encouraged in Light Commercial centers. These developme nts should include primarily retail stores and offices designed to provide c onvenient shopping and other services for nearby residents. Industrial and heav y commercial uses should be excluded. Design features of mixed-use developments should include the integr ation of the retail and/or office uses and residential units within the sa me building or on the same parcel. Ground level spaces should be built and used predominately to accommodate retail and office uses. Off-stree t parking should be located behind or to the side of the buildings, or enclosed wit hin buildings. Accessible pedestrian connections and bicycle paths m ust be designed to facilitate safe connections within the development, al ong adjacent roads adjacent and to adjacent residential developments. Design guidelines for mixed-use development have been develope d. These guidelines should be reviewed and amended periodically to be consistent with current planning trends and market demands. Objective 9.3. To encourage the appropriate use of areas adjacent to heavily traveled arterials while minimizing land use and traffic conflicts by: • Managing the continued commercial development of existing commer cial arterials in a manner which minimizes traffic and land use conflicts. • Conserving residential qualities along heavily traveled arterial s which are not yet commercialized, by restricting commercial development to typ es which provide an appropriate buffer. DI.B
Page 8 September 21, 2011 • Protecting existing, viable residential areas along lesser-t raveled arterials, from commercial development. Policies: LU-58 The City shall identify those existing commercial ar terials that are appropriate for continued general (heavy) commercial development, and those arte rials that are appropriate for continued or future limited (i.e. profes sional office type) commercial development. LU-59 The City shall review its standards relating to the num ber, size and location of driveways to ensure consistency with goals and policies relati ng to arterial commercial development. LU-60 The City shall encourage the grouping of individual commercial enterprises along commercial arterials to promote the sharing of parking a reas, access drives and signs. Such grouping can be encouraged through land division regulations, sign regulations and development standards. LU-61 Moderate density multiple family residential developm ent shall be used to buffer general (heavy) commercial arterial development f rom single family development. Extensive screening and landscaping shall be used t o buffer general commercial uses from multiple family uses. Howeve r, the placement of walls and fences and site designs which prevent easy access by bicyclists and pedestrians should be avoided. Chapter 4, Housing HO-26 The City shall develop incentives to develop underutilize d parcels into new uses that allow them to function as pedestrian-oriented, mixed-use neighborhoods. Existing uses which are complementary, economical, and physically viable shall integrate into the form and function of t he neighborhood. HO-33 The City will encourage varied and human-scaled building desi gn that provides a visual interest to pedestrians, compatibility with hi storic buildings or other neighborhood structures, and enhances the streetscape. Chapter 5, Capital Facilities Objective 1.4. To ensure that new development does not out-pace the C ity's ability to provide and maintain adequate public facilities and services, by allow ing new development to occur only when and where adequate facilities exist or will be provided, and by encouraging development types and locations which can support the public services they require. Policies: DI.B
Page 9 September 21, 2011 CF-1 Lands designated for urban growth by this Plan shall have an urban level of public facilities (sewer, water, storm drainage, and parks) prior to or concurrent with development. CF-2 Development shall be allowed only when and where such devel opment can be adequately served by public services (police and fire) without reducing level of service elsewhere. CF-3 If adequate facilities are currently unavailable and public funds are not committed to provide such facilities, developers must provide such faciliti es at their own expense in order to develop. CF-4 The City should continue to assist through direct participati on, LIDs and payback agreements, to the extent permitted by law, where appropriate and financially feasible. Where funding is available, the City may partic ipate in developer initiated facility extensions or improvements, but only to the ex tent that the improvements benefit the broader public interest, and are in a ccord with the specific policies and recommendations of the appropriate City public facilities plan. CF-6 New connections to the City's sanitary sewer, water a nd/or storm drainage systems, shall contribute their fair share toward the construc tion and/or financing of future or on-going projects to increase the capacity of those systems. CF-7 The City shall encourage and approve development only where ad equate public services including police protection, fire and emergency medical services, education, parks and other recreational facilities, solid waste c ollection, and other governmental services are available or will be made availabl e at acceptable levels of service prior to project occupancy or use. CF-8 Extension of any individual facility, irrespective of mode o f financing, to serve new development should be approved only if it is determined that ade quate fiscal capacity exists to support the extension of other needed facilities. CF-9 Extension of any individual facility, irrespective of mode o f financing, to serve new development should be approved only if it is determined that ade quate fiscal capacity exists to support cost effective service by all on-going public services and maintenance of facilities. DI.B
Page 10 September 21, 2011 Objective 5.4. To ensure that new developments are supported by an a dequate level of public services through an effective system of public facilities. Policies: CF-10 Public facilities shall be provided in accord with the g uidance of the Capital Facilities Plan or, as may be appropriate a system plan for each type of facility designed to serve at an adequate level of service the locations and i ntensities of uses specified in this comprehensive plan. CF-11 No new development shall be permitted unless the facilit ies specified in each facility plan are available or can be provided at a level adequate to support the development. The adequacy of facilities shall be determined by the foll owing: a. An adopted system plan; b. Policy guidance as provided in the City Capital Facilities Plan; c. Appropriate engineering design standards as specified in ap plicable City Plans, Codes, and manuals as adopted by the City Council; d. Environmental review standards (adequacy includes the absence of an unacceptable adverse impact on a public facility system). e. Case by case evaluation of the impacts of a proposed develop ment on the public facility systems: first to determine the minimum amount of facilities necessary to support the development and second to dete rmine a proportionate share of the system to be developed or financiall y guaranteed before approving the development. CF-12 No new development shall be approved which is not supported b y a minimum of facilities to support the development and which does not provide for a proportionate share of related system needs. Chapter 7, Transportation TR-7: An efficient transportation system seeks to spread vehicl e movements over a series of planned streets. The goal of the system is to enc ourage connectivity while preventing unacceptably high traffic volumes on any one st reet. Ample alternatives should exist to accommodate access for emergency vehicles. For these reasons the City will continue to plan a series of collec tors and arterials designed to national standards to provide efficient service to the community. TR-8: Encourage the use of trails and other connections that provide eas e of travel within and between neighborhoods, community activity centers, and transi t services. Development patterns that block direct pedestrian a ccess are discouraged. Ample alternatives should exist to accommodate non-motori zed transportation on arterials, collectors, and local roads. DI.B
Page 11 September 21, 2011 TR-19: New development shall not be allowed when the impacts of the new development on the transportation system degrades the LOS to below the adopted LOS standard, unless the condition is remedied concurrent with the development as described in Chapter 2. TR-20: The term "below level-of-service" shall apply to situat ions where traffic attributed to a development likely results in any of the following. a. An unacceptable increase in hazard or an unacceptable d ecrease in safety on a roadway. b. An accelerated deterioration of the street pavement condition or the proposed regular use of a street not designated as a truck route for truck movements that can reasonably result in accelerated deterioration of the street pavement. c. An unacceptable impact on geometric design conditions at an intersection where two truck routes meet on the City arterial and collector network. d. An increase in congestion which constitutes an unacceptable advers e environmental impact under the State Environmental Policy Act. e. A reduction in any of the three (3) LOS standards below. 1. Arterial and Collector Corridor LOS : The level-of-service standard for each arterial and collector corridor is “D”, unless otherwise specified in Chap ter 2 of this plan. The City may require a developer to examine a shorter or longer corridor segment than is specified in Chapter 2, to ensure a project's total LOS impacts are evaluated. 2. Signalized/Roundabout Intersection LOS : The City may require a developer to examine individual signalized or roundabout intersections for LOS impa cts to ensure a project's total LOS impacts are evaluated. 3. Unsignalized Intersection LOS : The level-of-service standard for these intersections, measured as if they were signalized, shall be level of servic e “D”. If LOS falls below the standard, analysis and mitigation may be required in a m anner commensurate with the associated impacts. This may include, among other requirements, conducting a traffic signal warrant analysis and i nstalling or financing a signal or roundabout. TR-22: A.M. level of service may need to be analyzed in situations where specialized conditions exist that disproportionately impact a.m. traffic. TR-23: Require developers to construct or finance transportation improvements and/or implement strategies that mitigate the impacts of new de velopment concurrent with (within 6 years of) development, as required by the Growth M anagement Act. TR-24: New development that lowers a facility’s level-of-s ervice standard below the locally adopted minimum standard shall be denied, as required by the Growth DI.B
Page 12 September 21, 2011 Management Act. Strategies that may allow a development to p roceed include, but are not limited to: • Reducing the scope of a project (e.g. platting fewer lots or building less square footage); • Building or financing new transportation improvements concurre nt with (within 6 years of) development; • Phasing/delaying a project; • Requiring the development to incorporate Transportation Demand Management strategies; or • Lowering level-of-service standards. TR-25: The denial of development in order to maintain concurrency may be grounds for declaring an emergency for the purpose of amending the Compr ehensive Plan outside of the annual amendment cycle. TR-26: Evaluate city transportation facilities annually to det ermine compliance with the adopted level-of-service standards and, as necessary, amend the Six-Year Transportation Improvement Program (TIP) and Capital Facilit ies Plan (CFP) to remedy identified deficiencies. TR-28: Require developers to construct transportation systems need ed to serve new developments. TR-30: Improvements that serve new developments will be construc ted as a part of the development process. All costs will be borne by the develope r when the development is served by the proposed transportation improvements . In some instances, the City may choose to participate in this constructi on if improvements serve more than adjacent developments. TR-31: Revenues for street transportation improvements should primar ily provide for the orderly development of the City's transportation system in compliance with the Comprehensive Transportation Plan. The basic criterion for s uch funding should be the degree to which that project improves the overall t ransportation system and not the benefit that might accrue to individual proper ties. Where it is possible to establish a direct relationship between a needed improvem ent and a development, the development should be expected to contribute to its construction. TR-32: Encourage public/private partnerships for financing trans portation projects that remedy existing and anticipated transportation problems, or t hat foster economic growth. TR-33: Aggressively seek and take advantage of federal, state, loc al, and private funding and lending sources that help implement the City's Compreh ensive Transportation Plan. DI.B
Page 13 September 21, 2011 TR-34: Maintain a traffic impact fee system based on the Ins titute of Traffic Engineers (ITE) guidelines, as modified by the City Council, as a means of enabling development to mitigate appropriately for associated traffic imp acts. TR-35: Reassess the land use element of the Comprehensive Plan if funding for transportation facilities is insufficient to maintain adopted l evel-of-service standards. TR-36: Enhance the livability of Auburn through a variety of mecha nisms, including the innovative design and construction of roadways, non-motorized facilitie s, and associated improvements. Apply design standards that result i n attractive and functional transportation facilities. TR-61: The acquisition and preservation of right-of-way is a key com ponent of maintaining a viable transportation system. Methods used to acquire and preserve right-of-way include: • Requiring dedication of right-of-way as a condition of development; • Purchasing right-of-way at fair market value; and • Acquiring development rights and easements from property owners. TR-62: Preserve and protect existing right-of-way through the issuanc e of permits such as ROW Use permits and franchise and public way agreeme nts, by monitoring and responding to right-of-way encroachments and safety impacts, a nd by limiting vacations of public right-of-way. TR-63: Vacate right-of-way only when it clearly will not be a future need or to support economic development. TR-76: These minimum (road functional classification) standards do not limit or prevent developers from providing facilities that exceed the City’s st andards. TR-89: Seek consolidation of access points to state highways, arte rials, and collectors. This will benefit the highway and city street system, reduce interference with traffic flows on arterials, and discourage through traffic on local streets. To achieve this level of access control, the City: • Adopts and supports the State’s controlled access policy on all state highway facilities; • May acquire access rights along some arterials and collectors; • Adopts design standards that identify access standards for eac h type of functional street classification; • Encourages consolidation of access in developing commercial and hig h density residential areas through shared use of driveways and local access streets; and DI.B
Page 14 September 21, 2011 • Will establish standards for access management, develop a pl anning process to work with the community and implement access managem ent solutions on arterial corridors. TR-90: Strive to prevent negative impacts to existing businesses , without compromising safety, when implementing access management. TR-97: New construction should incorporate traffic calming measures, as ap propriate. TR-110 Intersections controlled with roundabouts are preferred over si gnalized intersections whenever feasible and appropriate due to the benef its achieved with roundabouts including reduced collision rates for vehicles and pedestrians, less severe collisions, smoother traffic slow, reduc ed vehicle emissions and fuel consumption, lower long term maintenance costs a nd improved aesthetics. TR-111 Developments required to signalize an intersection as mit igation for a project may be required to install a roundabout instead of a traffic signa l. The feasibility of acquiring the land needed for a roundabout will be considered as a factor in this requirement. TR-112: Implement land use regulations and encourage site design tha t promotes non-motorized forms of transportation. TR-113: Include the role of non-motorized transportation in all transpor tation planning, programming, and if suitable, capital improvement projects. TR-114: Plan for continuous non-motorized circulation routes within and betw een existing, new or redeveloping commercial, residential, and industria l developments. Transportation planning shall seek to allow pedestri ans and bicyclists the ability to cross or avoid barriers in a manner that is safe and convenient. TR-119: Develop and maintain the non-motorized system, including bike rout es, sidewalks, and multi-use paths in a manner that promotes non-motorized travel as a viable mode of transportation. TR-125: The development of facilities supporting non-motorized trans portation should be provided as a regular element of new construction projects. I mprovements shall be secured through the development review process. TR-129: Require developers to incorporate pedestrian facilities into new development and redevelopment in conformance with the Auburn City Code. TR-133: Pedestrian crossings shall be developed at locations wi th significant pedestrian traffic and designed to match pedestrian desire lines. DI.B
Page 15 September 21, 2011 TR-137: During the development review process, ensure projects are consistent with the Non-motorized chapter of the Comprehensive Transportation Plan by r equiring right-of-way dedications and other improvements as needed to develop the bicycle network. TR-138: Focus investments on and aggressively seek funding for the high priority futur e bicycle corridors, identified in Figure 3-4. TR-139: Encourage the inclusion of convenient and secure bicycle storage facilities in all large public and private developments. TR-147: Consider both the transit impacts and the opportunities pres ented by major development proposals when reviewing development under the State Environmental Policy Act. TR-148: Encourage the inclusion of transit facilities in new develo pment when appropriate. TR-151: Identify areas of concentrated transit traffic and i mpose design and construction standards that accommodate the unique considerations assoc iated with bus travel, such as street geometry and pedestrian linkages. Chapter 8, Economic Development Objective 9.1. Promote a diversified economic base capable of withs tanding changes in interest rates, inflation, tax structure and market conditions. ED-1 City promotion of new industry shall be directed at attra cting business that diversifies the City’s tax base, offers secure, quality em ployment opportunities, is sensitive to community values and promotes the development of att ractive facilities. ED-6 Revitalize depreciated and/or obsolete commercial and indus trial sites through innovative regulations that redesign the site in accordance with moder n design standards and industrial/commercial uses. ED-15 Implement the recommendations of the City’s 2005 Economic Devel opment Strategies brochure. ED-19 Utilize the future extension of I Street NE as an econom ic development opportunity. Development of I Street NE should establish it as stand alone corridor and not a “back side” to Auburn Way North. Conditional use per mit applications for commercial uses and nursing homes along this c orridor and whose impacts can be adequately mitigated should be supported. DI.B
Page 16 September 21, 2011 Chapter 9, The Environment EN-27 The City recognizes the important biological and hydrol ogical roles that wetlands play in providing plant and animal habitat, protecting wa ter quality, reducing the need for man-made flood and storm drainage systems, m aintaining water quality, and in providing recreational, open space, educational and cultural opportunities. The City will consider these roles and functions in a ll new development and will also pursue opportunities to enhance the exist ing wetland system when these multiple benefits can be achieved. EN-33 The City recognizes the important benefits of native vegetation in cluding its role in attracting native wildlife, preserving the natural hydrolog y, and maintaining the natural character of the Pacific Northwest region. Native vegetation can also reduce the use of pesticides (thereby reducing the amount of contaminants that may enter nearby water systems) and reduce watering r equired of non-native species (thereby promoting conservation). The City shall encourage the use of native vegetation as an integral part of public and priva te development plans through strategies that include, but are not limited to, the following: o Encouraging the use of native plants in street landscapes and in p ublic facilities. o Providing greater clarity in development regulations in how native plants can be used in private development proposals. o Pursuing opportunities to educate the public about the benefits of native plants. EN-57 The City shall seek to protect human health and safety and to minimize damage to the property of area inhabitants by minimizing the potenti al for and extent of flooding or inundation. EN-58 Flood prone properties outside of the floodway may be develo pable provided that such development can meet the standards set forth in the Nati onal Flood Insurance Program. Chapter 11, Parks, Recreation and Open Space PR-7 The City shall seek to retain as open space those area s having a unique combination of open space values, including: separation or bufferi ng between incompatible land uses; visual delineation of the City or a distinc t area or neighborhood of the City; unusually productive wildlife habitat; wet lands; floodwater or stormwater storage; stormwater purification; re creational value; historic or cultural value; aesthetic value; and educational value. DI.B
Page 17 September 21, 2011 Chapter 12, Urban Design UD-1 The City shall encourage development which maintains and i mproves the existing aesthetic character of the community. UD-3 Suitable natural and cultural features should be utilized to buffer surrounding land uses from industry and commercial uses. UD-7 Site design techniques and standards which allow development, but protect critical areas and other natural features, should be developed and implemented. Some of these techniques include, but are not limited to, planned unit developments or clustering. When these techniques are used, the deve lopment shall be required to be consistent, when appropriate, with developm ent surrounding the site. UD-9 The visual impact of large new developments should be a p riority consideration in their review and approval. UD-10 The City has established design review of multiple fa mily dwellings in order to maintain this housing option as a viable alternative near single family neighborhoods. The design guidelines should be reviewed periodically to maintain current planning trends and market demands. UD-26 Development along transit routes should include transit frie ndly designs within the project area. The Urban Design Plan should include a discuss ion of transit, bicyclist and pedestrian friendly design. Codes which encourage the se types of design should be developed and implemented in appropriate areas. Chapter 14, Comprehensive Plan Map Heavy Commercial Purpose: To provide automobile oriented commercial areas to meet bot h the local and regional need for such services. D escription: This category is intended to accommodate uses which are oriented to automobiles either as the mode or target of providing the commer cial service. The category would also accommodate a wide range of heavier commercial uses involving extensive storage or heavy vehicular movement. Compatible Uses: A wide variety of commercial services oriented to automobi les are appropriate within this category. This includes automobile sal es and service, drive in restaurant or other drive in commercial business, convenience stor es, etc. Since these uses are also compatible with heavier commercial uses, lumber yards, small scale warehousing, contractor yards and similar heavy commercial uses are appropriate in this designation. DI.B
Page 18 September 21, 2011 Criteria for D esignation: This designation should only be applied to areas which are highly accessible to automobiles along major arterials. Gene rally this category would characterize commercial strips. This zone is appropriate for the intersections of heavily traveled arterials, even if adjacent sites are best suite d for another commercial designation. Considerations Against Applying this D esignation: Areas which conflict with single family residential areas or areas more suited for other uses . Whenever possible this category should be separated from all uses by extensive buffering. Appropriate Implementation: This category is implemented by the C-3 Heavy Commercial District. Northeast Auburn Special Plan Area : This special plan area covers the property east of Auburn Way North, west of the Green River, south of 277th (52nd Stree t) and north of approximately 37th Street NE. Several property owners in thi s area are interested in developing a master plan which will address, among other things, the follow ing issues: 1. I Street alignment and design 2. Storm drainage and other utility issues 3. Land use types and density 4. Financing necessary infrastructure improvements 5. The Port of Seattle’s wetland mitigation proposal Criteria for D esignation: Additional Special Planning Areas may only be designated through amendments of the Comprehensive Plan. Appropriate Implementation: Plan elements establishing City policy regarding the development of the Special Planning Areas shall be adopted by amendment of the Comprehensive Plan, or shall be adopted concurrent with adoption of the Comprehensive Plan. Special Planning Area elements shall be implemented in the same manner as other elements of the Comprehensive Plan; that is, under the City's z oning and subdivision ordinances, development standards and public facilities programs. DI.B
Auburn Gateway Architectural and Site Design Standa rds September2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 2 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 TABLE OF CONTENTS 1.0 INTRODUCTION 1.1 PURPOSE OF ARCHITECTURAL AND SITE DESIGN STANDA RDS 1.2 ADMINISTRATION 1.3 ORGANIZATION 1.4 DEFINITIONS 2.0 URBAN DESIGN, SITE PLANNING, BUILDING CHARACTER ISTICS AND LAND USES 2.1 URBAN DESIGN AND SITE PLANNING POLICIES AND GOA LS 2.2 GENERAL BUILDING, SITE DESIGN STANDARDS AND COM PATIBILITY ISSUES 2.3 LAND USES 2.3.1 O FFICE U SE D ESIGN S TANDARDS 2.3.2 L ARGE P AD T ENANT R ETAIL /C OMMERCIAL D ESIGN S TANDARDS (50,001-230,000 SF) 2.3.3 M ID -S IZE T ENANT R ETAIL /C OMMERCIAL D ESIGN S TANDARDS (10,001-50,000 SF) 2.3.4 S MALL P AD T ENANT , C OMMERCIAL /R ETAIL /S ERVICES A ND D RIVE -T HROUGH D ESIGN S TANDARDS (1,000-10,000 SF) 2.3.5 M ULTI -F AMILY R ESIDENTIAL H OUSING D ESIGN S TANDARDS 3.0 TRANSPORTATION INFRASTRUCTURE 3.1 TRANSPORTATION RELATED DESIGN POLICIES AND GOAL S 3.1.1 I NTERNAL S TREET C IRCULATION D ESIGN S TANDARDS 4.0 PROJECT BOUNDARIES, ENTRY POINTS AND LANDSCAPIN G 4.1 PROJECT BOUNDARY, ENTRY POINT AND LANDSCAPING DESIGN POLICIES AND GOALS 4.1.1 P ROJECT B OUNDARY A REA AND E NTRY P OINT D ESIGN S TANDARDS 4.1.2 G ATEWAY D ESIGN S TANDARDS DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 3 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 TABLE OF CONTENTS CONT. 4.1.3 L ANDSCAPE H IERARCHY AND M ASTER P ALETTE D ESIGN S TANDARDS 4.1.4 W ALLS AND F ENCES D ESIGN S TANDARDS 5.0 PARKING AREA DESIGN 5.1 PARKING AREA DESIGN POLICIES AND GOALS 5.1.1 P ARKING A REA D ESIGN S TANDARDS 5.1.2 P ARKING A REA D ESIGN G UIDELINES 6.0 PEDESTRIAN / NON-MOTORIZED NETWORK FEATURES 6.1 PEDESTRIAN / NON-MOTORIZED NETWORK DESIGN POLIC IES AND GOALS 6.1.1 P EDESTRIAN / N ON -M OTORIZED N ETWORK D ESIGN S TANDARDS 6.1.2 P EDESTRIAN / N ON -M OTORIZED N ETWORK D ESIGN G UIDELINES 7.0 SITE LIGHTING 7.1 SITE LIGHTING DESIGN POLICIES AND GOALS 7.1.1 S ITE L IGHTING D ESIGN S TANDARDS 8.0 NATURAL AMENITIES AND RECREATION OPPORTUNITIES 8.1 NATURAL AMENITIES AND RECREATION DESIGN POLICIE S AND GOALS 8.1.1 N ATURAL A MENITIES AND R ECREATION D ESIGN S TANDARDS 8.1.2 N ATURAL A MENITIES AND R ECREATION D ESIGN G UIDELINES 9.0 MASTER SIGN PLAN 9.1 MASTER SIGN PLAN DESIGN POLICIES AND GOALS 9.1.1 M ASTER S IGN P LAN D ESIGN S TANDARDS DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 4 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDA RDS 1.0 INTRODUCTION Urban design can be an important tool in achieving goals for land use and development. The NE Auburn Special Area Plan provides an opportunity to achieve a high degree of design quality. Robertson Properties Group has helped to develop an d has committed to adhere to the Auburn Gateway Architectural and Site Design Standards, wh ich are more stringent than those required by zoning bulk regulations. These Auburn Gateway Arch itectural and Site Design Standards will implement the policy directives of the previously a dopted NE Auburn Special Area Plan (Ordinance No. 6183, June 2008). These policies are the basis of the City of Auburn’s expectations for the project a nd are included throughout the Standards at the beginn ing of each section. 1.1 PURPOSE OF ARCHTECTURAL AND SITE DESIGN STANDAR DS The Auburn Gateway Architectural and Site Design St andards, or the “Design Standards”, were originated by Robertson Properties Group (RPG) to a pply to their “Auburn Gateway project” and consists of the Auburn Gateway I and Auburn Gateway II project areas that are described in the Final Environmental Impact Statement (EIS) and EIS addend um. The Auburn Gateway project consists of approximately 70 acres. These Design Standards are meant to supplement and work in conjunction with the Auburn City Code (ACC) and any other regul atory codes and standards that are referenced with the ACC. These Design Standards apply in lieu of t he City of Auburn’s ‘Multi-Family & Mixed-Use Developments Design Standards’, adopted July 12, 20 10, which are not applicable to the Auburn Gateway project. The Design Standards were originated to fulfill thr ee main purposes. First, the purpose of the Design Standards is to establish the design and developmen t requirements that will guide the quality of development of a specific area within the City of A uburn in compliance with the comprehensive plan and specifically the NE Auburn Special Area Plan, a subarea or neighborhood plan of the city’s comprehensive plan. Second, the purpose of the Design Standards is to e stablish the enhanced design and development requirements that will guide the quality of develop ment to demonstrate that the city code criteria is met as required for the approval of development agr eements. The city code section that addresses city council approval of a development agreement an d to which the project is vested , requires demonstration of the use of enhanced design feature s to provide building and site design that complements surrounding land uses, the project envi ronment and is reflective of quality site planning, landscaping and building architecture. Third, the Design Standards were developed to demon strate the quality of site planning, landscaping and building architecture for the purpose of evalua ting aesthetic impacts under the Environmental Policy Act (SEPA, WAC 197-11). The Design Standard s were originated by RPG prior to preparation of DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 5 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 the Draft and Final Environmental Impact Statements to serve as the baseline for assessing the potenti al significance or insignificance of visual impacts re sulting from the Auburn Gateway Project. The Desig n Standards were subsequently revised at the time of preparation of the EIS addendum. The Design Standards are primarily intended to addr ess architectural and site design and not conflict with or supersede the dimensional standards typical ly found in the zoning code or to apply to public o r private infrastructure-type improvements, except wh ere design of one element influences the other. Because it is expected that development will genera lly span 15 years from site planning to constructio n and occupancy, to agree with the term of the develo pment agreement for the Auburn Gateway Project, the Design Standard’s general goals are intended to ensure that development will achieve the following : • Establish a coordinated, unified and identifiable v isual character around and throughout the developme nt and development phases in both building and overall site design. • Allow an innovative and flexible balance between al l intended land uses. • Convey a sense of permanence, attention to detail, quality and investment. • Establish a strong pedestrian oriented core, with e fficient vehicular circulation. • Address the need for protection and enhancement of critical areas. • Guide the bulk and scale of buildings so that build ings of different uses relate to one another and do not appear incongruent. The Auburn Gateway is an entry point to the City of Auburn and as such should both visually announce the transition into the city limits while inviting vehicles and pedestrians originating locally and fr om the vicinity to enter along clearly marked paths that h ave a purpose and destination. Ultimately, the Cit y envisions a sustainable mixed-use development that draws visitors to it and also encourages flow through to the center of the City. The Design Standards are intended to capitalize on the existing strengths and future opportunities in order to prescribe and address aesthetic issues and thereby create a vibrant mix of commercial, office and residential. This development will be linked w ith neighboring sites by a network of pedestrian walkways and plazas supported by adequate vehicular circulation to flow smoothly through and around the site, while giving priority to pedestrian safet y within the development core. The Auburn Gateway project is proposed to consist o f a mix of retail, office, and multifamily resident ial uses. Development in this area will include new roa ds and utilities, surface parking, stormwater detention and water quality facilities. The land u ses of the future development are intended to be responsive to the market and the various land uses involved in the Auburn Gateway project may include up to 720,000 square feet of retail development, 1,600,000 square feet of office, 500 multi-family residences, and supporting parking. The primary focus will be the development of tradit ional mid-size to large pad tenant retail uses that have parking in front of the buildings and where ap propriate between the buildings and streets, in DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 6 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 combination with other mutually supporting uses. T he Design Standards presents a guide for the following five main land uses that may be used in a ny combination of phased portions of this project: • Office development (medical/dental or other profess ional offices) • Large pad tenant retail/commercial uses (50,001 squ are feet – 230,000 square feet) • Mid-size tenant retail/commercial uses (10,001 squa re feet – 50,000 square feet) • Small pad tenant, in-line shop tenants and drive-th rough commercial/retail services ( 1,000 square fee t – 10,000 square feet) • Multi-family residential housing over other first f loor uses. 1.2 ADMINISTRATION Design standards are meant to be administratively a pplied by the Planning Director or designee and interpreted to provide flexibility and creativity. The Design Standards are intended to be administer ed and implemented in accordance with the City's Desig n Standards Plan Review process as described in Auburn City Code Section 18.31.200. City code sect ion 18.31.200 will require a text amendment to broaden the scope beyond its current language which refers to a single set of design standards applicable only to Mixed Use and Multi-Family Resid ential, and to acknowledge an additional unique set of design standards that apply to this specific por tion of the city: the Auburn Gateway project area. After amendment, this code section will provide the applicability, exemptions, purpose, review standards, submittal requirements and the process f or adjustments of the design approvals. As these Design Standards will apply to a project t hat is intended to be developed in phases over a generally 15-year period, the Design Standards will likely need to be adapted to changing market conditions and construction techniques and may requ ire additional amendment over this period of time. The Design Standards document may be amended upon a pproval by the Planning and Development Committee of the Auburn City Council after staff re commendation. The Design Standards are meant to be supplemental t o and work with the zoning requirements of Auburn City Code Chapter 18.31, C4 Mixed Use Commer cial Zoning District. The authority for these Standards will be applied through a development agr eement between RPG and the City of Auburn and will apply to properties with the Auburn Gateway pr oject area. The Design Standards are intended to be adopted by reference within the code section imp lementing the development agreement. A copy of the Design Standards shall be maintained on file by the city clerk. 1.3 ORGANIZATION This manual is organized into nine chapters that de al with the following elements: Chapter 1. Project introduction; Goals and Administ ration of the Architectural and Site Design Standar ds; and Definitions and other overarching functions. DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 7 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 Chapter 2. Urban design, site planning, building ch aracteristics of all anticipated land uses on the p roject site. Chapter 3. Transportation infrastructure, outlining vehicular and pedestrian mobility requirements. Chapter 4. Project boundaries and entry points, how the site is defined and accessed. Chapter 5. Parking area design and landscape needs, separation from pedestrian uses and relation to bu ildings. Chapter 6. Pedestrian network features; connectivit y to surroundings and throughout the site. Chapter 7. Site lighting standards and performance requirements. Chapter 8. Natural amenities and recreational oppor tunities. Chapter 9. Master Sign Plan Within each of these chapters the manual is organiz ed into the following sections: • Policies and Goals – This section contains the poli cy statements and goals that form the basis of the directives and expectations for the project • Design Standards – This section contains the requir ements for design of the project that will be implemented. These are generally denoted by the word: “shall”. • Design Guidelines – This section contains design co nsiderations for the project. These are expressed as considerations where the applicant is requested to give strong consideration to the guideline, and implement the guideline, if feas ible and appropriate. These are generally denoted by the word: “should”. Within the document photos and drawings are provide d for illustrative purposes to convey graphically the intent of the standards and guidelines. 1.4 DEFINITIONS The following terms are used to describe certain el ements of site design and building architecture and are generally defined as stated. Terms used in the Design Standards but not defined here shall have th e same meaning as that contained in the Auburn Compre hensive Plan or Zoning Ordinance. articulation Variation in depth of the building plane, roof, mat erials and/or height of a structure that breaks up a plain, monotonous area and creates patterns of light. balance An aspect of rhythm achieved by matching different symmetrical and asymmetrical elements which when perceived as a whole display ha rmony or equilibrium. berm A mound or wall of earth that may be landscaped to create a screen or barrier. bikeway A term that encompasses bicycle lanes, bicycle path s, and bicycle routes. bollard A raised planter; a type of light standard; or, a s tructure that prohibits vehicle access to a pathway or other area. DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 8 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 buffer/buffering The act of softening or mitigating the effects of o ne use on another. Usually achieved by a combination of distance, landscaping or physical barriers. character Special physical features of a structure or area th at set it apart from its surroundings and contributes to its individuality. column A vertical shaft or pillar that supports, or appear s to support, a load. compatible Projects that give the appearance of existing toget her without conflict with respect to site, architecture and landscaping design. cornice A decorative horizontal member or top course that c rowns a wall or architectural composition. courtyard An area wholly or partly surrounded by walls or bui ldings. design To create, fashion, and arrange elements or details . The creation and execution of aesthetic and functional elements. eaves The lower border of a roof that overhangs the wall. emphasis The use of different elements, features and pattern s, including landscaping, to call attention to a feature or place such as a building entrance or focal point. façade The exterior face of a building. fascia A flat board with a vertical face that forms the tr im along the edge of a flat roof, or along the eaves of a pitched roof. The rain gutter is often mounted to it. fenestration The arrangement and design of windows and doors in a building. footprint The outline of a building at all of those points wh ere it meets the ground. gable The portion of an end wall or truss of a building e nclosed by the sloping ends of a pitched or gable roof. In the case of a pitched roo f this takes the form of an isosceles triangle that forms the entire end, or the upper ha lf of the end, of a gable roof. gable roof A double sloping roof that creates a gable at each end. hip roof A roof having four uniformly pitched sides. landscaping The planting of trees, shrubs and groundcovers that have been suitably designed, selected, installed and maintained so as to permane ntly enhance a site or roadway. louver An opening provided with one or more slanted fixed or movable fins to allow flow of air but to exclude rain or sun. mansard roof A roof with two slopes on each side, the lower slop e being much steeper. DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 9 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 marquee A roof-like structure made of solid materials, proj ecting over an entrance to a building and connected to the wall with no columnar support. The front of the marquee is often hung from chains or rods extending out from the face of the building. masonry Wall construction materials such as stone, brick, a dobe and concrete. mass/massing The physical bulk or volume of a building. In archi tectural terms, a single-mass building is a single geometric form such as a recta ngle or square, and may include a simple roof form with no variation in the roof line . “Massing” refers to variation in the mass and may involve multiple masses joined tog ether. mixed-use development A single unified development that incorporates the planned integration of two or more different land uses consisting of some combina tion of office, light industrial, hotel, retail, entertainment, public uses, and resi dential uses. Mixed-use development may be vertically oriented in one or mo re buildings, or geographically distributed on a development site. When geographica lly distributed, the different uses may be constructed concurrently or in separate phases, and should incorporate common and/or complimentary features and/or element s such as pedestrian walkways, access driveways, parking areas, architec tural themes, or other techniques that provide integration between uses on the site. modulation - building A measured and proportioned inflection or setback i n a building’s footprint. modulation - façade Architectural techniques and elements used that can add interest to a blank wall. It includes such things as using different types of wi ndows and incorporating decorative features like tile or trim work. multi-family Multi-family residential housing over other first floor uses. palette In building architecture, the set of colors to be u sed on a particular building or group of buildings. In landscape architecture, the set of planting materials to be used in the landscape design. parapet The part of a wall that rises above the edge of the roof. pattern The arrangement of building materials or features i nto a pattern designed to add texture, scale, balance and/or character to a build ing. pedestrian scale The relating of the structures and features in the built environment to the size of a person. pitch The angle of a roof pitch, usually expressed as a r atio of units of vertical distance to 12 units of horizontal distance. For example, 8/12 means eight units of vertical rise to every 12 units of horizontal run. DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 10 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 proportion The relationship between elements taken as a whole or in comparison to each other. Often expressed as a ratio. public multi-space A publicly accessible gathering place, plaza, or pe destrian-oriented space associated with commercial development or high density, urban, multi-family development. roof-mounted equipment Heating and air conditioning units or other mechani cal equipment mounted on the roof of a building. scale The measurement of the relationship between objects . Usually expressed in terms of a building or element possessing human or pedestria n proportions. Also refers to the relationship between different architectural elemen ts of a building and their relationship to the building itself. sculpture A three-dimensional artwork created by shaping hard or plastic material, commonly stone (either rock or marble), metal, or wood. setbacks The depth of a yard area bounded on opposite sides by lot lines along the span of a parcel within which no building or structures may b e permitted except as required for public utilities, unless specifically permitted by the Zoning Code. shall/should Where a standard is prefaced by the word “shall,” c ompliance with that standard is mandatory. Where the word “should” is used, the app licant is requested to give strong consideration to that guideline. streetscape The appearance achieved along a street (public or p rivate) from implementation of a comprehensive, unified landscape plan requiring sim ilar landscape components and elements between adjacent parcels. texture The surface characteristics of the exterior facade of a building created through the use of similar or differing materials and patterns usually expressed in terms of softness, smoothness or roughness. trellis A frame or latticework used as a screen or as a sup port for climbing plants to create a screen. urban design The practice of giving form, beauty and function to an area or portion of the city through the establishment of guidelines that expres s a concern for the location, mass, design, and appearance of various urban compo nents. view corridor The line of sight with respect to height, width, an d distance of an observer. DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 11 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 2.0 URBAN DESIGN, SITE PLANNING, BUILDING CHARACTER ISTICS AND LAND USES The purpose of this section is to encourage site pl anning and building massing that is conducive to a retail/commercial focus and visual c haracter, while designing comfortable human-scale environments for the full complement of land uses on the site. 2.1 URBAN DESIGN AND SITE PLANNING POLICIES AND GOA LS The aim of the following urban design and site plan ning goals is to allow flexibility of any combination of land uses that supports a vital shop ping and pedestrian environment. Design standards for each land use are intended to relate to one another, providing a cohesive unified appearance to the development. General goa ls, common to the entire mixed-use project, are to: A. Site planning and building massing should be conduc ive to a retail/commercial focus and visual character, and comfortable human-scale environments should be incorporated within all land uses in the planning area. (Policy NE-50) B. A visually friendly frontage with “street appeal” f or passersby on major streets (South 277 th Street, D Street NE, I Street NE, 49 th Street NE, and Auburn Way North) should be develop ed. (Policy NE-51) C. Building and/or landscape forms should be articulat ed as focal points, and major site entrance points should be framed. (Policy NE-52) D. The building characteristics and landscape design s hould include themes that unify the site character across multiple phases of development. (Policy NE-5 3) E. Landscape plantings should be used to reduce the vi sual impact of open parking areas and loading, service, and storage functions. (Policy NE-54) F. Multifamily development should be of high-quality d esign, create a sense of community and synergy between land uses, and include active- and passive-use open space appropriate for use by all age groups. (Policy NE-55) G. Create a site plan that defines the Auburn Gateway project as a clearly recognizable and distinct urban landmark. H. Assemble buildings and land uses in a harmonious as sociation of mutually compatible uses, to encourage a sustainable relationship between land u ses and circulation to reduce automobile dependency and promote pedestrian mobility. I. Define a clearly recognizable on-site pedestrian an d vehicular circulations system. J. Facilitate connections to regional mass transportat ion and recreational bicycle routes. K. Develop a family of architectural styles, massing, colors and textures reflective of local contemporary design to tie the buildings and site t ogether. As development occurs over time, each subsequent phase shall be reviewed for consist ency with design compatibility to existing development. DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 12 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 L. Provide for continuity of landscape themes, and use landscape plantings to unify the site character and reduce the visual impact of open parking areas. M. Provide a gradual visual and environmentally approp riate transition from developed areas to natural areas. Pedestrian plazas, pathways and lan dscaping elements along with scale of features can aid in transition from more intense public uses to less intensive uses. N. Avoid pedestrian and vehicle conflicts by emphasizi ng pedestrian orientation and safety. 2.2 GENERAL BUILDING, SITE DESIGN STANDARDS AND COM PATIBILITY ISSUES New commercial buildings shall provide architectura l relief and interest, with emphasis at the building entrances and along walkways, to promote a nd enhance a comfortable pedestrian scale and orientation. Attention to detail can sig nificantly increase the compatibility of commercial development with adjacent uses. To accomplish building relief and interest the proj ect design shall: A. Provide a vehicular and pedestrian framework about which buildings and land uses are arranged to create overall site character and sense of place. B. Provide entrances to buildings that face the site i nterior and parking areas. C. Provide pedestrian walkways differentiated by textu re and/or color so that there is a clear separation of pedestrian from vehicular traffic. F IG . 2.2 Incorporating ground floor windows for transparency along pedestrian walkway to a main entry. Upper floor windows continue similar character. D. Fronts of buildings shall face main walkways and be embellished with coordinated street furniture. DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 13 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 E. Create main pedestrian connection corridors between businesses, parking areas and other land uses. F. Incorporate ground floor windows, transparency or o ther architectural elements along frontages adjacent to walkways. The main front elevations of buildings shall provide a minimum of 20% of the length of the frontage in transparency at the p edestrian level. Functional characteristics of the intended use shall be taken into consideration when evaluating proposed elevations for transparency. When transparency is not feasible, a ppropriate substitutions such as additional articulation or use of opaque window-like features that promote pedestrian interest, shall be used. G. Design any upper floor windows to continue the vert ical and horizontal character of the ground level windows as proposed uses allow. H. Walls shall include a combination of architectural elements and features such as offsets, pilasters, windows, entry treatments, awnings, colonnades, tre llises or other similar elements, and a variation in materials and colors. Blank walls sha ll be minimized. Pedestrian amenities and landscaping may also be used to help break up the a ppearance of blank walls. I. Walls that are typically the back or service side o f a commercial or office building shall be treated with emphasis on screening unsightly back of the bu ilding functions that are within the public view. Any undesirable impacts produced on the site, such as noise, glare, odors, dust or vibrations shall be adequately screened from public view and adjacen t properties. J. Unsightly exterior improvements and items such as t rash receptacles and mechanical devices shall be screened either by walls, fencing or landscaping . Roof top equipment shall be treated so if visible shall appear as if part of the building. L andscaping may be used as a ground-level screening element if dense enough to properly scree n the activity from public viewing areas. K. On-site loading facilities shall provide sufficient square footage and number to adequately handle the delivery or shipping of goods or people. L. Group loading/delivery and service related function s close to those of adjacent buildings where possible to reduce areas dedicated to service and m aximize parking capability and landscape areas. M. The project shall provide a variety of urban-style, publicly-accessible open spaces or “public multi-spaces” associated with the commercial develo pment. Such spaces shall range in size and purpose and be designed, constructed and maintained for the enjoyment primarily by users of the retail, service and professional offices uses. The open spaces shall be an integral part of the overall development design, not merely leftover spa ce and clearly defined and distinguished from parking areas and walkways. The open spaces shall include pedestrian-oriented amenities such as trees, shrubs, pathways, sculpture, benches, bike r acks, and water elements. N. The urban-style, publicly-accessible open spaces or “public multi-spaces” associated with the commercial development shall be appropriately locat ed within the project site, along major pedestrian corridors linking to walkways and sidewa lks. Where possible, such features shall be located adjacent to wetland buffers, stormwater man agement or natural areas to take advantage of visual accessibility when such proximity does no t compromise the function of the wetland buffers, stormwater management or natural areas. O. Develop and implement a coordinated hierarchy of la ndscape themes and design to tie the buildings and site areas and phases together. In a ddition to landscape palette, elements to be coordinated will include site furniture, pedestrian and bicycle pathway design, alternative pavement treatments, lighting, critical area fencin g, etc. As development occurs over time, each subsequent phase shall be reviewed for consistency with landscape design compatibility to existing development. P. Landscaping shall include retention of existing veg etation where appropriate, and in new plantings include the use of drought tolerant plant materials native to the pacific northwest or well-adapted to the climate and avoid the use of invasive or nui sance plants. DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 14 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 Q. Landscaping shall be coordinated with all site util ity elements such as power lines, underground lines, transformers, meter boxes, and fire protecti on devices to effectively diminish the visual impact of such utility elements while ensuring sigh t distance for pedestrian and vehicular safety and the long-term viability of the landscaping. 2.3 LAND USES This section defines the categories of land uses an d presents design standards for these categories of land uses that may be used in any com bination of phased portions of this project. A. Office development (medical/dental or other profess ional offices) B. Large pad tenant retail/commercial uses (50,001-250 ,000 square feet gross floor area) C. Mid-size tenant retail/commercial uses (10,001-50,0 00 square feet gross floor area) D. Small pad tenant, in-line shop tenants and drive th rough commercial/retail services (1,000-10,000 square feet gross floor area) E. Multi-family residential housing as allowed within the upper story of multi-story buildings, except for necessary support functions which can be locate d on the ground floor. 2.3.1 O FFICE U SE D ESIGN STANDARDS Offices are needed for the provision of professiona l services and businesses to the community. Buildings shall adhere to the following: A. Office buildings may be single use structures, o r have a combination of office and retail functions on the ground floor, with offices on uppe r floors. B. Orient front doors toward the site interior, ped estrian zones and parking. C. Articulate entries through the use of architectu ral features such as overhangs. D. Upper floor windows shall continue similar horiz ontal and vertical character of the ground floors. E. The rear and sides of office buildings shall hav e articulation, architectural features and fenestration to provide aesthetics and visual inter est. F. Accentuate building presence by highlighting wit h formal landscape themes around the base of the building perimeter. G. Provide roofs, canopies or other forms of weath er protection at main building entries. 2.3.2 L ARGE P AD T ENANT R ETAIL /C OMMERCIAL D ESIGN S TANDARDS (50,001-230,000 SQUARE FEET GROSS FLOOR AREA ) Large retail tenants are destinations that are regi onally focused due to the diversity of goods and material contained in one location. As such they a re necessarily automobile oriented. However, to reduce automobile reliance within the site by custo mers, site layout and building design shall focus o n minimizing walking distance and providing for pedes trian needs and comfort over vehicles. DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 15 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 F IG . 2.3.2 A Highlight main pedestrian entrances and destination s to be clearly visible from other site locations. A. Orient buildings so entry doors are closest to the incoming internal street. Main entrances shall be clearly identifiable from a dist ance to facilitate navigation. B. Individual buildings shall have horizontal and ver tical modulations both in relief and material changes for visual interest and aesthetic diversity. (Refer to Table 2.3.2). Wall and parapet modulation, design features and architectur al detailing can be combined to break up long walls and reduce the appearance of large bu ilding massing. Horizontal setbacks and vertical step-backs provide for landscaping, li ght and pedestrian resting/gathering areas along pedestrian corridors. C. Walls over 60 feet in length shall provide breaks i n the wall plane either by modulating the building footprint or providing feature elements in order to provide visual relief from the horizontal length. Design elements and features sh all be proportionate to the scale and size of the building. T ABLE 2.3.2 W ALL A RTICULATION FOR L ARGE P AD T ENANT R ETAIL , 50,001 – 230,000 SQUARE FEET Building Feature Distances Material Appearance/Finish Principal Façade 60 foot maximum length shall be allowed without articulation. Provide 3-dimensional elements for at least 50% of the overall façade. Colonnades shall cover at least 6 feet of the walkway at storefront window space for shelter, shade and lighting. Include pedestrian amenities along front façade and connecting pedestrian pathways. Shall have variety of visually and tactilely different materials up to 20 feet height. Change materials from one building to another within a range of compatible materials for consistency. Shall have homogenous finish, with scoring patterns and/or material changes. Weather protection for pedestrians that is integral to the building design shall be provided along the façades that are convenience routes, where appropriate. Building Entrances Highlight entrances with vertical change of at least 4 feet higher than average wall height. Building may be Entrances shall have architectural elements significantly different than the rest of the wall space, and may use a DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 16 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 articulated forward or back to accentuate entrance, but maintain required width of walkways. Use second story-like or clear story features at building entrances or street intersections to provide a transition between single story and multi-storied buildings. large roof covering for entrances, which shall provide adequate weather protection. Columns, canopies, or other architectural features may be used on either side of the entry canopy to “announce” the presence of a store entry. Higher quality material, such as tile, brick, or heavy timber, etc., shall be used at these architectural features. Secondary Façades (walls facing Primary Public Streets) Horizontal articulation shall be same as for Principal Façades, allowing for landscaping and pedestrian access. Continue articulation with window elements, trellis, awnings, or other wall material finishes to provide building interest, for at least 30% of the length of the façade. Side Entrances facing Primary Public Streets Shall be a scaled down version of main front door entry treatment. Shall be a scaled down version of main front door entry treatment. Rear building walls facing Primary Public Streets As much as possible, modulate and articulate building walls and parapet li ne to break up large planes of walls. Screen from public viewing areas with landscaping. Utilize scoring patterns and/or material changes rather than building exterior color changes alone. Continue any multi-color or multi-finish scheme around building to include the rear. Mechanical, trash, storage and loading facilities shall be screened when facing a Public Street If on grade, screening walls shall be constructed of the same materials as the building and attached to the building, a minimum 8 feet high. For mechanical units on building roofs, locate at perimeter if obscured by parapet walls or locate away from edges of wall out of sight lines from parking areas, and public roads. Screening walls shall be provided if units are visible from street rights-of-way or parking areas. Material shall be compatible with chosen building finishes. Chain link fencing shall not be used. Brick, CMU, wood fencing, ornamental steel may be used as screening. Landscape planting shall be used as additional screening. DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 17 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 F IG . 2.3.2 B Landscaping shall screen service areas from public view. 2.3.3 M ID -S IZE T ENANT R ETAIL /C OMMERCIAL D ESIGN S TANDARDS (10,001-50,000 SQUARE FEET GROSS FLOOR AREA ) Mid-size commercial and retail buildings serve diff erent needs of customers than large scale tenants. Mid-size retail centers can include books tores, grocery stores, clothing, gardening supplies and hardware. The Design Standards for th ese stores are similar to those for large size retail/commercial tenants. Mid-size retail ma y function as standalone buildings or be attached to a larger retail/commercial building. T ABLE 2.3.3 W ALL A RTICULATION FOR M ID -SIZE , T ENANT R ETAIL AND D RIVE T HROUGH , 10,001 – 50,000 SQUARE FEET Building Feature Distances Material Appearance/Finish Principal Façade 30 foot maximum length shall be allowed without articulation. Provide 3-dimensional elements for at least 50% of the overall façade. Colonnades shall cover at least 6 feet of the walkway at storefront window space for shelter, shade and lighting. Shall have variety of visually and tactilely different materials up to 16 feet height. Change materials from one building to another within a range of compatible materials for consistency. Shall have homogenous finish, with scoring patterns and/or material changes. Weather protection for pedestrians that is integral to the building design shall be provided along the façades that are convenience routes, where appropriate. Building Entrances Highlight entrances with vertica l change of at least 2 feet higher than Entrances shall have architectural elements significantly different than the DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 18 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 average wall height. Building may be articulated forward or back to accentuate entrance. rest of the wall space, and may use a large roof covering for entrances. Columns, canopies, or other architectural features may be used on either side of the entry canopy to “announce” the presence of a store entry. Higher quality material, such as tile, brick, or heavy timber, etc., shall be used at these architectural features. Consider second story-like features at building entrances or street intersections to provide a transition between single story and multi-storied buildings. Secondary Façades (walls facing Primary Public Streets) Horizontal articulation shall be same as for Principal Façades, allowing for landscaping and pedestrian access. Continue articulation for at least 30% of the length of the façade. Continue articulation with window elements, trellis, awnings, or other wall material finishes to provide building interest, for at least 30% of the length of the façade. Side Entrances facing Primary Public Streets Shall be a scaled down version of main front door entry treatment. Shall be a scaled down version of main front door entry treatment. Rear building walls facing Primary Public Streets As much as possible, modulate and articulate building walls and parapet line to break up large planes of walls. Screen from public viewing areas with landscaping. Utilize scoring patterns and/or material changes rather than applied building exterior color changes alone. Continue any multi-color or multi-finish scheme around building to include the rear. Mechanical, trash, storage and loading facilities. If on grade, screening walls shall be a minimum 8 feet high. For mechanical units on building roofs, locate at perimeter if obscured by parapet walls or locate away from edges of wall out of sight lines from parking areas, and public roads. Screening walls shall be provided if units are visible from street rights-of-way or parking areas. Material shall be compatible with chosen building finishes. Chain link fencing shall not be used. Brick, CMU, wood fencing, ornamental steel may be used as screening. Landscape planting shall be used to screen these areas. DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 19 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 F IG . 2.3.3 A Pedestrian Pocket F IG . 2.3.3 B Retail development illustrating wall articulation, entry treatment, and wall height variation. 2.3.4 S MALL P AD T ENANT , C OMMERCIAL /R ETAIL /S ERVICES A ND D RIVE -T HROUGH D ESIGN S TANDARDS ( 1,000 – 10,000 SQUARE FEET GROSS FLOOR AREA ) Small pad tenants include restaurants, banks or spe cialized offices and commercial retail functions, such as dentists, vision stores, drugsto res, bakeries, restaurants, specialty clothing shops, and neighborhood services. Small pad retail /commercial functions also include drive-through services such as banks with outdoor a utomatic teller machines, pharmacies, drive-through beverage and fast food services. A. As much as possible, all drive-through and small pad tenants shall be connected to each other in the pedestrian network and front onto main walkways. DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 20 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 B. Drive-through lanes shall work with pedestrian a nd automobile flow so as not to generate conflicts, and be clearly visible at select locatio ns to prevent criminal activity from happening in the drive through lane areas. C. Where two drive-through facilities are within 10 0 feet of each other and both of a restaurant type use, coordinate an outdoor seating plaza between them in order to form a terminus to pedestrian walkways. (See figure 2.3.4) D. Where drive-through lanes are visible from publi c streets or private main roads, a low wall 3 feet high with adjacent landscaping shall be prov ided to break up the impact of vehicular stacking at the drive through window. F IG . 2.3.4 Plazas such as this one can unify the pedestrian an d landscape themes between two small pad businesses and act as a terminus for a major pedestrian connector to larger retail tenants. Connection to the urban trail sys tem can make this place a stopping point for recreational users. 2.3.5 M ULTI -F AMILY R ESIDENTIAL H OUSING D ESIGN S TANDARDS The design standards applicable to multi-family hou sing are intended to set threshold standards for quality designs in new multi-family d evelopment. Good design results from buildings that are visually compatible with one ano ther and adjacent neighborhoods and contribute to a residential district that is attrac tive, active and safe. Multi-family housing within the Auburn Gateway is l imited to residential that is located on floors above other uses in a mixed-use setting and provides a vital component of pedestrian and customer activity as an important economic part of the development. DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 21 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 General design standards for multi-family housing a re as follows: A. Entrances to housing units shall be separated from first floor uses and clearly identifiable as private entities, unless there are demonstrated ben efits from shared entrances. B. Articulate buildings and textures to be reflective of a Northwest style of architecture reminiscent of local contemporary projects that hel p mitigate the impact of large developments. C. Common walkways shall connect to parking areas, and nearby internal open space for passive and active recreation opportunities. D. For Multi-family developments, an area shall be per manently established as common outdoor open space which could be at grade level or be a ro oftop element. It should be of adequate size and shape, and located to be functional for li ght recreation and relaxation. It is not the intent to provide formal playfields or play structu res within the Auburn Gateway development. F IG . 2.3.5 Edging gardens, fence, landscape features. DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 22 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 3.0 TRANSPORTATION INFRASTRUCTURE The purpose of the transportation infrastructure se ction is to ensure an efficient and logical layout of roads and pedestrian linkages that makes egress and ingress easy for customers and visitors to the site. The transportation network p roposed defines the skeleton of circulation around which the site development is arranged, and the project boundaries are defined. 3.1 TRANSPORATION RELATED DESIGN POLICIES AND GOALS A. Develop a clear hierarchy of road systems that prog resses from major public thoroughfares to intimate pedestrian-scale roads to internal roads s erving parking areas and site uses. (Policy NE-56) B. Provide for bus zones and pedestrian and bicycle tr avel in a safe manner. (Policy NE-57) C. Satisfy access requirements for solid waste handlin g, utility, police, fire, and emergency personnel. (Policy NE-58) D. Provide a logical sequence of entry and egress to t he site, with traffic calming measures to reduce potential accident hazards. E. This development will be linked with neighboring si tes by a network of pedestrian walkways and plazas supported by adequate vehicular circulation to flow smoothly through and around the site, while giving priority to pedestrian safety. 3.1.1 I NTERNAL S TREET C IRCULATION D ESIGN S TANDARDS Internal streets are the finer grain of vehicular t raffic that brings visitors and customers to their destinations and provides egress from the site. Th is is the interface between pedestrian and vehicula r traffic that is found between parking areas and the site buildings. Internal streets shall provide: A. Pedestrian and vehicular traffic separated by lands caped strips with shrubs, ground covers and trees. B. Pedestrian areas shall be distinguished by a change in pavement to scored concrete, concrete unit pavers, or some other surface treatme nt at major intersections of internal streets (at entry to large retail tenants, for exam ple). C. Driveways shall be aligned where possible. DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 23 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 4.0 PROJECT BOUNDARIES, ENTRY POINTS AND LANDSCAPIN G The purpose of this section is to establish a clear sense of place that defines the site’s distinct character for instant recognition for visitors and customers. Boundary definition and entry points are to establish clear edges and set up a hi erarchy of spaces that delineate areas of ownership and progression from public areas to priv ate ones. 4.1 PROJECT BOUNDARY, ENTRY POINT AND LANDSCAPING DESIGN POLICIES AND GOALS A. Establish a clear “sense of place” that defines the distinct character of the Auburn Gateway project area through a unified approach to boundary and ent ry design. (Policy NE-59) B. Clearly signify major entrance points to the Auburn Gateway project area and to subareas within the project area by means of features such as prominent architectural or artistic landmarks. (Policy NE-60) C. Define differences in land uses within the Auburn G ateway project area. (Policy NE-61) D. Develop hierarchies of spaces from public to privat e spaces to delineate areas of ownership and responsibility. (Policy NE-62) E. Protect property values and unify the Auburn Gatewa y project area by means of a consistent building character and landscape theme. (Policy NE-63) F. Screen unsightly views from public areas by a combi nation of walls, landscape planting, screening and/or use of building massing. (Policy NE-64) G. Identify an interconnected system of bicycle and pe destrian pathways around the perimeter of the Auburn Gateway project area, linking to natural are as and the regional trail system. (Policy NE-65) 4.1.1 PROJECT B OUNDARY A REA A ND E NTRY P OINT D ESIGN S TANDARDS A. Identify strategic site entrances with architect urally and artistically attractive place markers visible from roads to orient customers and visitors . B. Separate land uses by means of landscape buffers both for screening and for boundary definition. Native plant species for wildlife value in buffers is encouraged. DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 24 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 F IG . 4.1.1 A This multi-family development entry clearly defines the site boundary by landscaping and walls. C. Develop combined bicycle and pedestrian pathways along the development edges, combining use of berms, street trees, landscaping, grass area s, and paved paths for use by bicyclists and pedestrians within the public right of way or by ea sement on private property. F IG . 4.1.1 B Urban trail. Note the separation between automobile traffic, pathway and building. D. Frame views to destination points by hedging, sh ade and street trees, and identify strategic entry points with decorative colorful landscaping, art, water features, and signage. E. Screen service functions of buildings with everg reen tree screens, foundation plantings, screen walls or fences to define boundaries between public and private spaces. F. Create resting areas (benches, special pavement treatments) and shade trees, landscaping for pedestrians along walkways, and at exterior corners of buildings. DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 25 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 4.1.2 G ATEWAY D ESIGN S TANDARDS To distinguish primary entrances to the project and by extension, entrances to the City, special design features and architectural elements at these entrances or gateways shall be provided. While gateways should be distinctive within the con text of the project, they should also be compatible with the project in form. A. To implement the policies and goals, the project sh all implement the following elements: 1. Buildings or features located at entrances or ga teways shall be marked with visually prominent features that give height and connectivit y transitioning from single-story to multi-story buildings that could be developed withi n the project. 2. Gateway elements shall be oriented toward and de signed for both pedestrians and vehicles. 3. Visual prominence shall be distinguished by two (2) or more of the following: a. Special landscape treatment b. Open space/plaza c. Landmark-type building forms, such as feature el ements projecting above parapets or roofs; d. Special paving, unique pedestrian scale lighting , or bollards; e. Prominent architectural features (trellis, arbor , pergola, or gazebo); f. Neighborhood or district entry identification fe ature. B. Development that occurs at gateways shall be distin guished with features that visually indicate to both pedestrians and vehicular traffic the uniqu eness and prominence of their locations in the City. Examples of these types of features inclu de monuments, public art, and public plazas. F IG . 4.1.2 Visually prominent features to give height and conn ectivity transitioning from single-story to multi-s tory buildings. DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 26 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 4.1.3 L ANDSCAPE H IERARCHY A ND M ASTER P ALETTE D ESIGN S TANDARDS Identify major and minor entrances into the project with architecturally and artistically attractive p lace markers or gateway-type features visible from roads to orient customers and visitors. To implement the policies and goals, the project shall include t he following elements: A. Major gateways shall clearly highlight the identity of the development site, and shall include a combination of at least (2) of the following featur es: 1. Decorative stone wall/rock work, sufficient in s ize to be visible from adjacent roads. 2. Flag poles, flags. 3. Ornamental site lighting, landscape lighting. 4. Decorative signage identifying site. 5. Intensive decorative and specialty landscaping. 6. Architectural elements, such as gazebos, fencing , trellises, roofs (if the walkway is incorporated into the gateway feature, for example). 7. Water features such as fountains, waterfalls, re flection pools. 8. Pedestrian amenities, such as benches, decorativ e pavement for walkways, street crossings. F IG . 4.1.3 A Formal planting is found around parking and near bu ildings denoting high visibility and use areas. Pl anting beds in traffic islands protect pedestrians from vehicular traffic, soften the visual impact of asphalt areas and help define parking zones. DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 27 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 B. Semi-formal landscaping (a mix of formal and nat ive plant species, medium maintenance level and profile) shall define transition areas from int erior areas of the Auburn Gateway site to the perimeters, along major roadways exclusive of corne rs and entrance points. Semi-formal landscaping shall include the following elements: 1. A mix of deciduous native and evergreen trees with looser arrangement of shrubs and ground covers breaks up the regimentation of interi or landscape themes. 2. Semiformal landscape areas generally are arranged i n mass plantings and more often use regular spacing. F IG . 4.1.3 B Note the transition from formal to semi-formal land scaping from right to left, as site use decreases. C. Informal landscaping (natural buffers, wetland m itigation, low/no maintenance, high recreation and wildlife value) is for areas within the site not expected to be developed or disturbed, or for areas developed for stormwater de tention and biofiltration facilities. Informal landscaping shall include the following el ements: 1. Planting uses exclusively native plant species to a dd wildlife and water purification value, and to naturalize designated undisturbed areas 2. Includes native meadow grass mixes requiring low ma intenance 3. Serves as visual backdrop to contrast to highly str uctured landscaping around site buildings. 4. Incorporates passive recreation opportunities like walking trails for nature appreciation and wildlife habitat. 5. Provide transition between informal and semi-formal landscape areas. DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 28 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 T ABLE 4.1.3 S UGGESTED PLANT SIZES , USE AND SPECIES Plant type (consider species mature size) Size at time of planting Spacing Uses, comments Deciduous trees, shade/canopy 2” min. caliper, balled and burlapped, No bare root trees allowed. Minimum branching height: 6 feet from ground to lowest branch. If branching height cannot be achieved at caliper size, larger caliper may be required. Well-branched and uniformly shaped. Maximum tree spacing max. not more than 30 feet on center Use as shade, canopy trees to break up parking lot, unify streets. Species may include: Oak, Sunburst Honey locust, Red Maple, American or Oregon Ash, Sweet gum, Linden, Raywood Ash, Tulip Tree, and Hornbeam. Deciduous trees, Columnar/upright 2” min. caliper, balled and burlapped. No bare root trees allowed. Minimum branching height: 6 feet from ground to lowest branch. If branching height cannot be achieved at caliper size, larger caliper may be required. Well-branched and uniformly shaped. Maximum tree spacing max. not more than 30 feet on center Use as screening, to break up walls or to provide a transition. Species may include: Oak, Maple, Beech, and Hornbeam. Deciduous trees, small/decorative 1-1/2” caliper, balled and burlapped. No bare root trees allowed . Well-branched and uniformly shaped. As clumps, specimens such as (Vine Maple, Shadblow, Hawthorn) Use as colorful accents and naturalization. Species may include: Vine Maple, Japanese Maple, Shadblow, Flowering Cherries, Magnolias, Dogwood, Flowering Plum, Redbud, etc. Coniferous trees 6’ minimum height, full specimens, balled and burlapped. No bare root trees allowed. Well-branched and uniformly shaped. 12 feet on center or as clumps Year-round color, greenery, texture interest, screening, naturalization or specimens. Species may include: Dawn and California Redwood, Shore Pine, Ponderosa Pine, Giant Sequoia, Douglas Fir and Hemlock. Large Shrubs 5 gallon pots, tubs or balled and burlapped, min. 25” height. Evergreen screening 4-5 feet on center maximum. Evergreen shrubs used for screening: 2 feet on Where more immediate screening is appropriate. Mass plantings and clumps, buffer plantings, formal to informal planting areas. Includes native DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 29 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 shrubs: 5 feet height center and non-native species, evergreen and deciduous. Small Shrubs 3 gallon to 5 gallon pots, 18” height, min. 2-3 feet on center maximum Low planting where visibility is required, such as in around pedestrian areas and parking lots. Mix of native and non-native species evergreen and deciduous . Ground Covers 1 gallon pots 18” on center maximum. Where grass is not desired and low watering/ maintenance is important. Species may include Kinnickinnick, Rock Raspberry, Salal, and Periwinkle. Use non-invasive plants. Annual/Perennials Bulbs, 4” pots By species Limited to accent planting for entry ways to site, signage foundation planting, potted planting for color. 4.1.4 W ALLS A ND F ENCES D ESIGN S TANDARDS Where landscaping alone is insufficient for screeni ng, walls and fences shall be provided to make firm boundary changes and provide screening of views not compatible with the pedestrian or public street experience. To implement the policies and goals, w alls and fences shall include the following elements: A. Design walls to be complementary to the design o f buildings through the use of materials, colors and architectural detailing. Avoid monolith ic appearances. B. Screening walls for loading areas along a street shall be articulated so that screening vegetation and shade trees can be planted in front of them to break up the scale of the wall. F IG . 4.1.4 A AND B DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 30 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 Two examples of fencing, walls and landscaping used to separate public from semi public spaces. C. Drive through establishments (banks and fast foo d/coffee outlets) shall have a low (42 inch high max.) opaque screening wall and/or with low le vel obscuring landscape planting in front towards the public domain to reduce the visual impa ct of vehicles queuing up for services or food. Walls shall not intrude into vision clearanc e requirements for vehicular traffic. D. Plazas and seating areas that are part of food e stablishments and shared common areas shall be distinguished by low fences (42 inch high maximu m) and made of visually porous materials (steel, stone, wood) so as to be see-through. E. Trellises and arbors are encouraged along pedest rian walkways to accentuate changes in boundaries and add visual/artistic interest to the shopping experience. F. Fenced common areas for multifamily residences s hall be used to define semi public and semi private areas belonging to the housing community so that area ownership is enforced. DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 31 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 5.0 PARKING AREA DESIGN The primary purpose of this section is to ensure th at development of parking does not overwhelm the site aesthetic or environmental quali ty. Parking areas shall be designed so that pedestrian and vehicular navigability is maxim ized, and that their visual and ecological impacts are minimized. Refer to ACC Chapter 18.52 OFF-STREET PARKING AND LOADING and ACC Chapter 18.50 LANDSCAPING AND BUFFERING, for pa rking and landscaping regulations. 5.1 PARKING AREA DESIGN POLICIES AND GOALS A. Design parking areas to maximize their navigability by pedestrian and vehicles and minimize their visual and ecological impacts. (Policy NE-66) B. Provide adequate efficient onsite parking in locati ons convenient to destinations. (Policy NE-67) C. Ensure pedestrian safety by providing ample walkway s that are separated from parking and travel lanes. (Policy NE-68) D. Use crime prevention through environmental design (CPTED) principles to reduce fear of crime and ensure user safety. (Policy NE-69) E. Provide ample pedestrian circulation through parkin g areas that is safe from vehicular conflicts and fear of crime. F. Allocate parking areas in clearly defined areas of ownership by site tenants while promoting shared parking for uses which don’t overlap times of occup ation. 5.1.1 P ARKING A REA D ESIGN S TANDARDS A. Provide pedestrian walkways within parking areas separated by landscaped strips with shrubs, ground covers and trees. Ensure pedestrian safety by separating walkways from parking and travel lanes. Walkways shall be raised above traffic pavement except at load/unload areas and heavily traveled routes. Whe re raised walkways are not possible, provide pavement changes to clearly delineate pedes trian paths. B. Define entry and destination points clearly for pedestrian orientation and movement. C. Desire lines, also known as foot paths, reflect the shortest distances pedestrians travel between points on a given site. Often these are fo und as paths worn through planting beds in parking areas or lawns. Site design shall anticipate and acknowledge major pedestrian starting and ending points, provide unob structed, visually clear routes. D. Planting areas shall not block pedestrian flow, and shall be used to define parking area boundaries. E. Parking areas shall be interspersed with landsca pe islands to minimize expanses of asphalt. F. Designate areas for oversize vehicles and traile rs in a separate zone to avoid size conflicts and visibility problems. G. Separate loading, delivery, storage and garbage collection areas from customer parking. H. Crime Prevention Through Environmental Design (C PTED) principles shall be used to DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 32 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 reduce fear of crime and assure user safety. J. Provide sufficient driveway throat length for ex iting to a public right-of-way to avoid queuing that impedes circulation. I. Provide a hierarchy of drive aisles within park ing areas. Drive aisles shall be differentiated by aisles for slower moving traffic and vehicle parking and maneuvering operations and aisles for access to parking areas w here parking and maneuvering is reduced or avoided. F IG . 5.1.2 A Illustration of walkway section landscaping. 5.1.2 P ARKING A REA D ESIGN G UIDELINES A. As much as is practical, 90-degree head in parki ng shall be used to maximize parking stalls in the least amount of area. Stalls and travel ais le dimensions will be according to Auburn City code. B. Landscaping shall not block sight lines from ori gin points to destinations. Trees shall have branching no lower than six feet (6’) to ensur e pedestrian safety. At installation trees may be required to be larger in size to meet sight distance. Shrubs shall be no taller than three feet (3’). C. Encourage shared parking between tenants of the site in order to reduce the impact of parking on the site and maximize building use and d iversity of uses. D. Provide natural surveillance across parking area s from buildings and along walkways. DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 33 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 F IG . 5.1.2 B Showing parking lot layout and landscaping concept from perimeter street to a large or midsize retail center. DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 34 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 6.0 PEDESTRIAN/NON-MOTORIZED NETWORK FEATURES The purpose of this section is to provide a network of clearly defined linkages throughout the project and within sub areas of the project that ar e safe, easy to negotiate, and provide for a visually stimulating system of open spaces. 6.1 PEDESTRIAN/NON-MOTORIZED NETWORK DESIGN POLICIE S AND GOALS A. Create a cohesive and continuous network of pedestr ian/non-motorized circulation facilities in the Auburn Gateway project area and vicinity. (Policy N E-70) B. Create a pedestrian environment in which it is easy , safe, convenient, and comfortable to walk between businesses, to transit stops, across street s, and through parking lots. (Policy NE-71) C. Encourage the use of non-motorized transportation t o and within the Auburn Gateway project area by providing facilities that are adequately sized, well-built, well-maintained, and connected to existing or planned pedestrian/non-motorized circul ation facilities in the vicinity. (Policy NE-72) D. Assure pedestrian safety and ease of navigability b y separating walkways from vehicular travel. E. Reduce fear of automobile conflicts and fear of cri me by creating a highly surveillable environment in all land uses. F. Create a visually diverse pedestrian experience bet ween destinations through urban design features. G. Provide communal spaces in all land uses for social interaction and people watching and at intervals along desire lines of travel. F IG . 6.1 Corner entrance addresses both pedestrian and autom obile traffic, providing high visibility and good o rientation. DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 35 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 6.1.1 P EDESTRIAN /NON -MOTORIZED N ETWORK D ESIGN S TANDARDS To implement the policies and goals the Auburn Gate way project area shall be designed and implemented and include the following elements: Define entry and destination points clearly for ped estrian orientation and movement. A. Sight lines will be acknowledged and visually unobs tructed. B. Provide bicycle parking for a minimum of 2 bicycles per commercial building. The Planning Director may reduce the amount of bicycle parking r equired when it is demonstrated that bicycle activity is not a priority for that buildin g considering current and potential future use. C. Facilitate pedestrian safety by separating walkways from parking and travel lanes by landscaped strips with shrubs, ground covers and trees. Walkw ays should be raised above traffic pavement except at load/unload areas and he avily traveled vehicle routes. Where separation is not possible, provide pavement change s to clearly delineate pedestrian path. D. All bicycle parking shall be located in safe, visib le areas that do not impede pedestrian or vehicle traffic flow, and are well lighted for nigh ttime use. F IG . 6.1.1 Landscaping buffers vehicles from pedestrian areas. 6.1.2 P EDESTRIAN /NON -MOTORIZED N ETWORK D ESIGN G UIDELINES A. There are five types of pedestrian routes: 1. Urban trails: These link the development to regiona l recreational and transportation systems. 2. Street edge walkways: major pedestrian spines cross ing the development. DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 36 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 3. Parking lot internal walkways: Link streets and par king areas to site buildings and uses. 4. Store/building front walkways: Provide continuity a long building frontages and connect to other buildings and plazas. 5. Communal walkways: In multi-family housing developm ent to connect housing blocks into a community and with play/recreation areas. T ABLE 6.1.2 P ATHWAY DESIGNATIONS AND USES . Path Type Pavement Widths Uses Locations Parking Lot internal Walkways Concrete/pavers 5 feet min. Pedestrian movement Connecting parking areas to buildings and uses Store/building front Walks Concrete/ decorative pavement No less than 8 feet Pedestrian movement and resting, shopping, restaurant outdoor seating area, Building fronts facing parking areas, plazas Communal Walks Concrete, with decorative node areas 6 feet Residential pedestrian Multi-family housing community B. Along store frontages and pathways through parking areas, pedestrian-oriented open spaces shall NOT have: 1. Asphalt pavement, loose gravel surface, or loose cr ushed and tumbled glass surface. 2. Adjacent chain link fences. 3. Surroundings of adjacent blank walls with no visual security. 4. Constricted passageways with no means of escape or visual connection to an intended destination. C. Continue pedestrian route pavement across vehicular travel ways so that crosswalks are designated as safe zones for pedestrian crossings. Pavement types may include: 1. Colored concrete or asphalt, scored, stamped or bru shed to highlight pavement change. 2. Concrete unit pavers with decorative banding. D. Use full spectrum lighting in pedestrian and parkin g areas for public safety and true color rendering. Low and high pressure sodium lamps make people, clothing and vehicle colors difficult to identify at night. E. Clearly link walkways across the site to facilitate wayfinding and create a continuous network of pedestrian connections within and beyond the sit e. Various project types and land uses shall be clearly connected in a cross-site fashion, to create a continuous network of pedestrian connections. F. Provide destination site amenities, such as water f eatures, benches, trash receptacles, as part of the pedestrian experience. DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 37 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 7.0 SITE LIGHTING The goal of site lighting of the Design Standards i s to ensure sufficient nighttime lighting and to minimize negative aesthetic or environmental imp acts from site development to adjoining properties or land uses. It is expected that many s ite land uses will be nighttime intensive uses, and lighting must be provided for pedestrian and ve hicular safety. 7.1 SITE LIGHTING DESIGN POLICIES AND GOALS A. Ensure pedestrian safety by providing adequate ligh ting on pedestrian routes. (Policy NE-73) B. Minimize the negative effects of onsite and offsite glare. (Policy NE-74) C. Provide energy-efficient lighting. (Policy NE-75) D. Create a family of light standards to be used throu ghout property that responds to a variety of site conditions and that can be consistently implemented over multiple year phased development. 7.1.1 S ITE L IGHTING D ESIGN S TANDARDS A. Lighting shall NOT: 1. Blind passengers or pedestrians to approaching peop le or vehicles by direct glare or reflection off building surfaces. 2. Cast shadows into parked cars and trucks to hide cr iminal activity. 3. Use low-pressure sodium lighting (yellow spectrum) bulbs. 4. Be used indiscriminately to illuminate areas not no rmally covered by natural surveillance. If rear sides of buildings (service/loading and gar bage areas) need lighting, lighting shall be directed toward the building and these areas, and/o r mounted on the building itself. 5. Cast glare outward from the project toward the stre ets; cast lighting in the direction of surveillance from street edges. B. Light standards shall be designed and located ba sed on the following criteria: 1. Distinctive appearance that creates site identit y and character. 2. Visual compatibility and unobtrusiveness with th e site by night. 3. Architecturally compatible with building design styles by day. 4. Minimization of glare, and use of cutoff angles. 5. Ease of maintenance. 6. Provide a coordinated system of lighting fixtur es based on function; such as taller standards for parking lot illumination and shorter standards for walkway lighting. C. Locate lighting to facilitate public safety and sense of security, and to provide aesthetic benefits. D. Intersections of pedestrian, vehicular and bicyc le traffic shall be appropriately lighted for nighttime visibility where night use will occur. E. Avoid glare from light sources into wildlife hab itat or environmentally critical areas and surrounding neighborhoods. DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 38 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 F. Use lighting to highlight unique site features a nd landmarks such as buildings, significant trees and landscape elements, but done so that off site g lare is not created. G. Illumination levels shall be determined on a cas e by case basis by a lighting engineer. H. Avoid lighting areas that can be used for loiter ing, unlawful uses and vandalism. In such situations, it may be desirable to turn lights off and fence these areas after hours to displace activities to more appropriate locations. J. There are eight basic types of lighting that may be used throughout the site: 1. Overhead lighting: Roadways and parking lots 2. Entry and walkway overhead lighting: Site entran ce points, walkways and pedestrian plazas 3. Interior Parking lot lighting 4. Walkway lighting 5. Pathway low level (bollard) lighting 6. Bus stop lighting: Define bus stop locations 7. Ambient lighting: Buildings and awnings onto wal kways 8. Landscape lighting T ABLE 7.1.1 L IGHTING TYPES AND CHARACTERISTICS . Lighting type Fixture Height Max Spacing, location* Overhead lighting Overhead 16’-26’ 90’ or less, D Street, I Street, Robertson Way Entry and walkway overhead Lighting Pedestrian/Overhead 14’-26’ 30’ or less to highlight entrances Interior Parking Lot Overhead 25’ - 30’ Site specific spacing Walkway Lighting Pedestrian 14’ 30 feet or less, on walkways in parking lots, Roundabout, major plazas and seating areas Pathway Lighting (low level) Bollard 3’ Spacing varies. Located on pedestrian paths in office entrance ways, restaurant uses, and on communal walkways in multi-family residential areas. Bus Stop Lighting Pedestrian 12’ At either end of bus stop zone equivalent to length of tandem bus to define bus stop apron. Ambient Lighting Varies: building mounted, overhang mounted Varies Attached to building or overhanging awnings or canopy for ambient lighting on walkways Landscape Lighting Up-lighting, spot lights 12” or less Site specific lighting location/spacing * Lighting shall only be provided to meet minimum desired illumination levels; however pedestrian int ensive areas must meet minimum code requirements for safety and wayfinding . DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 39 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 8.0 NATURAL AMENITIES AND RECREATION OPPORTUNITIES The purpose of this section is to provide opportuni ties to bring wildlife into an urban area for habitat preservation, enhancement and interaction w ith human beings for passive recreation and enjoyment. Coupled with that will be to provid e attractive options for integrating stormwater drainage design, detention and treatment while preserving the ecological value of existing wetlands or other critical areas of the si te. 8.1 NATURAL AMENITIES AND RECREATION DESIGN POLICIE S AND GOALS A. Provide habitat preservation, enhancement and oppor tunities for human enjoyment of wildlife. (Policy NE-76) B. Wetlands that contain low-functions and values as e videnced by limited size and isolation from hydrological systems, may be considered by the city for development and displacement in conjunction with specific environmental review, app ropriate mitigation and permitting from the city and applicable outside agencies. (Policy NE-77) C. Provide attractive options for integrating wet pond s, stormwater treatment facilities, and detention ponds as an amenity to the land uses in the project area. (Policy NE-78) D. Reduce downstream floodwater volumes from runoff. (Policy NE-79) E. Enhance property values by incorporating sustainabl e water management practices. (Policy NE-80) F. Preserve existing wetlands to the extent possible a nd enhance their intrinsic environmental value as habitat and water storage. 8.1.1 N ATURAL A MENITIES AND R ECREATION D ESIGN S TANDARDS To implement the policies and goals, the project sh all include the following elements: A. Meet requirements of the City of Auburn Stormwater Management Manual for stormwater management, treatment and flood control. B. Adhere to design principles for wet ponds per The I ntegrated Pond: Enhancing the Design and Value of Stormwater Ponds , September 1988. C. Integrate wet ponds and biofiltration channels into the site as part of an overall landscape plan. D. Incorporate passive recreation areas between storm ponds and public use areas as a transitioning device. E. Design wet ponds to blend with natural buffers and look like a naturally occurring part of the existing landscape. F. Use native plant species to line the edges of the p onds and biofiltration swales to remove sediments and toxins before the water is released i nto the ground and surrounding hydrologic system and rivers. G. Use food-producing plants and shrub species to brin g wildlife into the development. H. Capture all runoff from buildings and hard surfaces for collection in detention ponds staged to DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 40 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 delay runoff entering local rivers and streams duri ng rains. I. Enhance property values by incorporating sustainabl e water management practices. J. Urban style, publically-accessible open spaces or “public multi-spaces” shall be provided as part of all commercial development and shall be a m ix of hard surface pedestrian plazas, landscaped areas, and interconnected walkways linke d to wetland buffers and stormwater management areas. It is not the intent of this sta ndard to require public park land. 1. Open space shall be clearly separate from parking o r other paved areas. 2. Open space shall include trees, shrubs, pathways, b enches or other pedestrian amenities. F IG . 8.1.2 Wet ponds provide a pleasant backdrop to urban/offi ce development. 8.1.2 N ATURAL A MENITIES A ND R ECREATION D ESIGN G UIDELINES Outdoor Public Multi-spaces, not part of a stormwat er facility, and wetland buffer should be developed with the following characteristics: A. Have appropriate grades and surfaces suitable for p edestrian oriented activities and non-motorized circulation improvements. B. Be central and otherwise logically located on the p roposed site development for maximum ease of access by multi-family residents and the pu blic using the commercial development. C. Where appropriate, provide on-site accessibility or stub for future accessibility by walkway or bike path to any existing municipal, county, or reg ional park, public open space or trail system, which may be located on properties in the vicinity. DI.B
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STAND ARDS Page 41 of 41 Auburn Gateway Architectural and Site Design Standa rds September 2011 9.0 MASTER SIGN PLAN A Master Sign plan will be implemented to coordinat e design standards for signage and graphics is to enrich the experience of visitors an d customers by providing wayfinding and information in a way that is visually pleasing, and reduces wasted time caused by navigational confusion. The Master Sign Plan will include frees tanding signs (both monument and pylon), building signage, under canopy blade signs, informa tional and directional signage including critical area signage. Formal adoption of a Master Sign Plan will be throu gh an application submitted at the first stages of formal project development and pursuant t o ACC 18.56.030(K), Master Sign Plans Authorized . 9.1 MASTER SIGN PLAN DESIGN POLICIES AND GOALS A. Enrich the experience of visitors and customers by providing directions and information in a coordinated visually pleasing way that and prevents confusion. (Policy NE-81) B. Provide clear and legible site directions and signa ge for customers, bus passengers, and visitors. (Policy NE-82) C. Define the character of the Auburn Gateway project area as a distinct entity for instant roadside recognition and street appeal to attract customers. (Policy NE-83) D. Use creative designs and durable, resource-efficien t materials. (Policy NE-84) E. Minimize the adverse impacts of signs, such as visu al clutter and glare, through the development of a master signage plan to be adhered to throughout the development of the Auburn Gateway project area. (Policy NE-85) 9.1.1 M ASTER S IGN P LAN D ESIGN S TANDARDS Standards will be determined through a subsequent s tep of formal adoption of a Master Sign Plan pursua nt to an application submitted at the first stages of for mal project development and pursuant to ACC 18.56.0 30(K), Master Sign Plans Authorized. DI.B
AGENDA BILL APPROVAL FORM Agenda Subject: Auburn Gateway Project - Draft Planned Action Ordin ance Date: September 27, 2011 Department: Planning and Development Attachments: Memorandum Planned Action Ordinance (PAO) Summary Draft Planned Ordinance Exhibit 1 - Planned Action Mitigation Measures Budget Impact: $0 Administrative Recommendation:For discussion only. Committee to provide feedback.Background Summary:See attached memorandum and support documents. Reviewed by Council Committees:Planning And Community Development Other: Legal Councilmember:Wagner Staff:Dixon Meeting Date:October 3, 2011 Item Number:DI.C AUBURN * MORE THAN YOU IMAGINED DI.C
Memorandum To: Councilmember Rich Wagner, Chair, Public Works Comm ittee Councilmember Bill Peloza, Vice- Chair, Public Work s Committee Councilmember Virginia Haugen, Member, Public Work s Committee From: Jeff Dixon, Principal Planner CC: Kevin Snyder, AICP, Planning and Development Director Dennis Selle, P.E., City Engineer Steven Gross, Assistant City Attorney Date: September 27, 2011 Re: DISCUSSION AND INFORMATION: Draft Development Agreement between City and Auburn Properties (a.k.a. Robertson Properties Group) Draft Planned Action Ordinance ---------------------------------------------------------------------------------------------------------------------------- Background For the last several years, the City of Auburn has been negotiating with Robertson Properties Group (RPG) on future development of approximately 70 acres located east of Auburn Way North, west of the extension of I ST NE, south of S 277th ST, and North of 45th ST NE consisting of the Valley 6 Drive-In Theater site an d surrounding properties owned by Robertson Properties Group (RPG) and hereafter refe rred to as the Auburn Gateway Project (Exhibit 1). The efforts around these negotiations have included the preparation of Environmental Impact Statement (EIS) documentation, amendments to the City’s Comprehensive Plan and Zoning Code to authorize and apply the Mixed Use Commercial Zone (C-4), preparation of a draft Development Agre ement and preparation of a draft Planned Action Ordinance. Related to the overall processing, in August 2011, the City Council approved Ordinance No. 6371 that authorized a four-month continued conditi onal effectiveness of the Comprehensive Plan and C-4 zoning to the Auburn Gateway Project. The comprehensive plan and zoning designations applied to the Auburn Gateway Project are conditioned upon the successful execution of a development agreement between the Ci ty and Robertson Properties Group. The designations do not become permanent until the City Council approves a development agreement. Planning and Development, Public Works and Legal De partment staff has been actively working with Robertson Properties Group to complete required studies, negotiations and documentation in order to provide the City Council with substantive policy making opportunities that would facilitate the phased deve lopment of the Auburn Gateway Project. DI.C
At the PCD committee’s July 18, 2011 regular meetin g staff provided an orientation to the scope of the project and the future policy document s for the city council’s future action. The materials consisted of: 1. Cover memo 2. Site map & vicinity 3. Summary of the purpose and contents of the draft development agreement (DA) 4. Summary of the purpose and contents of the plann ed action ordinance (PAO) 5. Comprehensive plan map showing location of the N ortheast Auburn Special Area 6. Process flow chart 7. Draft city council policy review and action sche dule At the August 29, 2011 Committee of the Whole (COW) meeting, staff provided a presentation going to further detail and explanatio n of the future council policy review actions. These materials consisted of: 1. Cover memo 2. Power point presentation 3. Key elements chart - PAO, DA, Special Area Plan & EIS addendum 4. Site map & vicinity over aerial photo 5. Summary of the purpose and contents of the draft development agreement (DA) 6. Summary of the purpose and contents of the plann ed action ordinance (PAO) 7. Matrix of flexibility and benefits (related to t he criteria required for approval of the development agreement under repealed city code sect ion 14.21) 8. Process flow chart Draft Development Agreement Staff from the Planning and Development, Public Wor ks and Legal Departments has been working with RPG to negotiate the elements of the d evelopment agreement. A key element of the development agreement will be the incorporat ion of architectural and site design standards for the Auburn Gateway Project to help re alize a higher aesthetic quality of development. A draft of the development agreement h as been prepared and is being presented to the Planning and Community Development Committee and ultimately other Council Committees for review and discussion. In general, the city’s code section provides a deve lopment agreement can authorize greater flexibility in the existing city standards in excha nge for development to be of significantly higher quality, generating more public benefit, and be a more sensitive proposal than would have been the case of a more typical development. Auburn City Code 14.21.010.B (Nonresidential or Mix ed Use Projects) which is applicable to this project specifies that the City may consider a development agreement for a nonresidential or mixed use project in areas design ated for office, commercial, industrial or institutional use in the comprehensive plan, or in a designated special plan area. In its evaluation of a proposal, the City shall consider w hether a proposal will meet the following criteria: 1. Provide development that is consistent with the goals and policies of the comprehensive plan; 2. Provide efficient and effective use of land, ope n space and public facilities that result in a higher quality of development than is required by the standards of the applicable zone; 3. Provide building and site design that complement surrounding land uses and their environment; and, DI.C
4 . Provide for superior protection of critical areas . To facilitate review and discussion of the draft de velopment agreement, the following related documents are provided: 1. Summary of the purpose and contents of the draft development agreement (DA) 2. Draft Development Agreement (DA) a. Attachment 1 - Legal Description b. Attachment 2 - Project Site Plan c. Attachment 3 - Draft and Final Environmental Imp act Statements (EIS) and EIS Addenda (to be provided later after meeting) d. Attachment 4 – Listing of Development Regulations (to be provided later after meeting – These are excerpts of current city code t o which the project would be vested.) 3. Repealed city code section 14.21 related to the city’s process and criteria for development agreements 4. Matrix of flexibility and benefits of the Auburn Gateway Project (related to the criteria for approval of development agreements from repeale d ACC 14.21) 5. Draft Auburn Gateway Architectural and Site Design Standards document (To be provided for the meeting but under separate cover) Draft Planned Action Ordinance (PAO) Staff from the Planning and Development, Public Wor ks and Legal Departments has been working with RPG to develop a draft of the planned action ordinance (PAO). A key element of the PAO will be the mitigation measures. With t he imminent completion of the EIS addendum, staff will propose that the mitigation me asures identified in the 2004 EIS and as updated by the 2011 EIS addendum that are needed to reduce or avoid probable and significant adverse project impacts be applied to t he project by the City Council’s adoption of a PAO. The PAO as drafted will incorporate current provisions of state law to authorize PAO’s and will create a new chapter in the City’s Z oning Code specifying the “thresholds” for what projects are eligible for designation as a pla nned action and thus expedited environmental review process. To facilitate review and discussion of the draft Pl anned Action Ordinance, the following documents are provided: 1. Summary of the purpose and contents of the plann ed action ordinance (PAO) 2. Draft Planned Action Ordinance a. Exhibit 1- Planned Action Mitigation Measures DI.C
Summary of Planned Action Ordinance 8.23.11 Page 1 of 2 Summary of a Planned Action Ordinance Introduction to Planned Actions under SEPA: In 1995, the legislature authorized a new category of project actions under the State Environmental Policy Act (SEPA) called a "planned acti on” for cities planning under the Growth Management Act (GMA). The purpose of designati ng specific types of projects as planned action projects shifts environmental review o f a project from the time a permit application is made to an earlier phase in the planning process. The intent is to provide a more streamlined environmental review proce ss at the later project stage by conducting more detailed environmental analysis at the earlier planning stage. To be eligible first, an Environmental Impact Stateme nt (EIS) must be prepared which addresses the likely significant adverse environmental im pacts of the planned action. After completing the EIS, the city designates by ordin ance those types of projects to be considered planned actions, including mitigation measur es that will be applied. The types of project action must be limited to certain type s of development or to a specific geographic area that is less extensive than a city's juri sdictional boundaries. A PAO is most useful when the project occurs over a limit ed, defined geographic area; the project area is relatively homogeneous and impacts c an be forecasted; and it is expected that the project will be implemented in mult iple phases over a number of years. The basic steps in designating planned action projects are to: • Prepare an EIS; • Designate the planned action projects by ordinance; a nd, • Review permit applications for projects proposed as consi stent with the designated planned action. Specifically, an environm ental checklist application (SEPA application) must be provided and the city must v erify: o The project meets the description of any project(s) desig nated as a planned action by ordinance or resolution; o The probable significant adverse environmental impact s were adequately addressed in the EIS; and o The project includes any conditions or mitigation measu res outlined in the ordinance. If the project does not meet the requirements of the planned action ordinance, or if the EIS did not adequately address all probable significa nt adverse environmental impacts, the project is not a planned action project. In this inst ance, the City must then make a threshold determination on the project. The project w ould go through normal environmental review as part of project review. The C ity may still rely on the environmental information contained in the EIS and su pporting documents in analyzing the project’s environmental impacts and making the thresh old determination. If an EIS DI.C
Summary of Planned Action Ordinance 8.23.11 Page 2 of 2 or SEIS is found to be necessary for the project, it on ly needs to address those environmental impacts not adequately addressed in the previous EIS. K ey Benefits of a Planned Action Ordinance (PAO): Key benefits of a PAO can include: • Provides a developer certainty over the potential i mpacts and corresponding mitigation measures; • Requires early on examination of the impacts of subseq uent or implementing projects prior to project permitting through EIS prepa ration; • Avoid multiple and separate threshold determinations (decisions) by the City under SEPA. While normal project review process requi res a threshold determination, a project qualifying as a planned acti on project does not require a new threshold determination. If the City reviews the project, verifies that it is consistent with the planned action project(s) previously d esignated, and determines that the impacts are adequately addressed in the EIS on which the planned action relies, project permit review continues w ithout a threshold determination. • Designating planned action projects reduces permit-proce ssing time. There are no SEPA public notice requirements or procedural admi nistrative appeals at the project level because a threshold determination or new EIS is not required. The only notice requirements are those required for the un derlying permit. Contents of the Planned Action Ordinance (PAO): A planned action ordinance should be as specific as possib le, should indicate where in the EIS or associated planning document the projects’ env ironmental impacts have been addressed, and should include or reference mitigat ion measures which will be required for a project to qualify as a planned action project. For example, the ordinance should indicate what mitigation has been identified in the EIS or what level of service has been accepted in the subarea plan for traffic impacts. If desired, the city may set a time limit in the ordin ance during which the planned action designation is valid. If a GMA city does set a time lim it on the designation, it should consider how this affects any permits for which there is a n expiration date. Effects of a Planned Action Ordinance (PAO): If approved by the City Council, a PAO for the Auburn Gateway Project will: • Adopt the provisions of the Washington Administrative Code related to PAOs; • Add a new chapter to the zoning portion of the Aubu rn City Code; and, • Adopt and incorporate the Northeast Special Area Pl an and its related environmental impact statements. This “locks in” the mitig ation measures required for the project while allowing for changed ci rcumstances. DI.C
Ordinance No. XXXX Draft - 9.27.11 Page 1 of 14 ORDINANCE NO. ________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON RELATING TO SPECIAL AREA PLANS, AMENDING SECTION 16.06.020 OF THE AUBURN CITY CODE, AND ADDING A NEW CHAPTER, 18.80 “NORTHEAST AUBURN SPECIAL AREA PLAN AND AUBURN GATEWAY PLANNED ACTION” THERETO WHEREAS, RCW 43.21C.031 and WAC 197-11-164, -168, and -172 provide for the integration of environmental review with land use planning and project review through designation of “Planned Actions” by jurisdictions planning under the Growth Management Act (“GMA”); and, WHEREAS, designation of a Planned Action expedites th e development review process for subsequent, implementing projects whose impacts have been previously addressed in a planned action environmental impact Statement (“EIS”), and thereby encourages growth and economic dev elopment; and WHEREAS, the Northeast Auburn Special Area Plan plan ning area consists of approximately 120 acres of property within th e Auburn city limits generally bounded by Auburn Way North, South 277th Street, 45th Street NE, and the existing undeveloped right-of-way of I Stree t NE. The planning area includes the Auburn Gateway project area. The Auburn Gateway project area consists of approximately 70 acres that includes the Valley 6 Drive-in Theater and several adjacent properties, and is proposed to be developed in a phased, mixed use development; and, WHEREAS, the Planning and Development Department h as conducted a thorough review of the development anticipated with in the Auburn Gateway project area; and prepared an Environmental Impact St atement (EIS) and DI.C
Ordinance No. XXXX Draft - 9.27.11 Page 2 of 14 addenda to the EIS under the State Environmental Po licy Act (SEPA), and provides for mitigation measures and other conditions to ensure that such future development will not create significant adverse environ mental impacts. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AU BURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That Chapter 16.06, Environmental Review Procedures and specifically Section 16.06.020 of the Auburn City Code be and the same hereby is amended t o read as follows: 16.06.020 Adoption by reference. The following sections of Chapter 197-11 WAC, including any amendments thereto, are adopted by reference as if fully set fo rth herein: WAC 197-11-040 Definitions. 197-11-050 Lead agency. 197-11-055 Timing of the SEPA process. 197-11-060 Content of environmental review. 197-11-070 Limitations on actions during SEPA proce ss. 197-11-080 Incomplete or unavailable information . 197-11-090 Supporting documents. 197-11-100 Information required of applicants. 197-11-164 Planned actions – Definition and crite ria. 197-11-300 Purpose of this part. 197-11-305 Categorical exemptions. 197-11-310 Threshold determination required. 197-11-315 Environmental checklist. 197-11-330 Threshold determination process. 197-11-335 Additional information. 197-11-340 Determination of nonsignificance (DNS). 197-11-350 Mitigated DNS. 197-11-360 Determination of significance (DS)/ ini tiation of scoping. 197-11-390 Effect of threshold determination. 197-11-400 Purpose of EIS. 197-11-402 General requirements. 197-11-405 EIS types. 197-11-406 EIS timing. 197-11-408 Scoping. DI.C
Ordinance No. XXXX Draft - 9.27.11 Page 3 of 14 197-11-410 Expanded scoping. 197-11-420 EIS preparation. 197-11-425 Style and size. 197-11-430 Format. 197-11-435 Cover letter or memo. 197-11-440 EIS contents. 197-11-442 Contents of EIS on nonproject proposal s. 197-11-443 EIS contents when prior nonproject EIS. 197-11-444 Elements of the environment. 197-11-448 Relationship of EIS to other considerat ions. 197-11-450 Cost-benefit analysis. 197-11-455 Issuance of DEIS. 197-11-460 Issuance of FEIS. 197-11-500 Purpose of this part. 197-11-502 Inviting comment. 197-11-504 Availability and cost of environmental documents. 197-11-508 SEPA register. 197-11-510 Public notice. 197-11-535 Public hearings and meetings. 197-11-545 Effect of no comment. 197-11-550 Specificity of comments. 197-11-560 FEIS response to comments. 197-11-570 Consulted agency costs to assist lead agen cy. 197-11-600 When to use existing environmental docu ments. 197-11-610 Use of NEPA documents. 197-11-620 Supplemental environmental impact sta tement – Procedures. 197-11-625 Addenda – Procedures. 197-11-630 Adoption – Procedures. 197-11-635 Incorporation by reference – Procedures. 197-11-640 Combining documents. 197-11-650 Purpose of this part. 197-11-655 Implementation. 197-11-660 Substantive authority and mitigation. 197-11-680 Appeals. 197-11-700 Definitions. 197-11-702 Act. 197-11-704 Action. 197-11-706 Addendum. 197-11-708 Adoption. 197-11-710 Affected tribe. 197-11-712 Affecting. 197-11-714 Agency. 197-11-716 Applicant. 197-11-718 Built environment. 197-11-720 Categorical exemption. 197-11-722 Consolidated appeal. DI.C
Ordinance No. XXXX Draft - 9.27.11 Page 4 of 14 197-11-724 Consulted agency. 197-11-726 Cost-benefit analysis. 197-11-728 County/city. 197-11-730 Decision maker. 197-11-732 Department. 197-11-734 Determination of nonsignificance (DNS). 197-11-736 Determination of significance (DS). 197-11-738 EIS. 197-11-740 Environment. 197-11-742 Environmental checklist. 197-11-744 Environmental document. 197-11-746 Environmental review. 197-11-748 Environmentally sensitive area. 197-11-750 Expanded scoping. 197-11-752 Impacts. 197-11-754 Incorporation by reference. 197-11-756 Lands covered by water. 197-11-758 Lead agency. 197-11-760 License. 197-11-762 Local agency. 197-11-764 Major action. 197-11-766 Mitigated DNS. 197-11-768 Mitigation. 197-11-770 Natural environment. 197-11-772 NEPA. 197-11-774 Nonproject. 197-11-776 Phased review. 197-11-778 Preparation. 197-11-780 Private project. 197-11-782 Probable. 197-11-784 Proposal. 197-11-786 Reasonable alternative. 197-11-788 Responsible official. 197-11-790 SEPA. 197-11-792 Scope. 197-11-793 Scoping. 197-11-794 Significant. 197-11-796 State agency. 197-11-797 Threshold determination. 197-11-799 Underlying governmental action. 197-11-800 Categorical exemptions. 197-11-880 Emergencies. 197-11-890 Petitioning DOE to change exemptions. 197-11-900 Purpose of this part. 197-11-902 Agency SEPA policies. 197-11-916 Application to ongoing actions. DI.C
Ordinance No. XXXX Draft - 9.27.11 Page 5 of 14 197-11-920 Agencies with environmental expertise. 197-11-922 Lead agency rules. 197-11-924 Determining the lead agency. 197-11-926 Lead agency for governmental proposal s. 197-11-928 Lead agency for public and private pro posals. 197-11-930 Lead agency for private projects with o ne agency with jurisdiction. 197-11-932 Lead agency for private projects requir ing licenses from more than one agency, when one of the agencies is a county/city. 197-11-934 Lead agency for private projects requir ing licenses from a local agency, not a county/city, and one or more state agencie s. 197-11-936 Lead agency for private projects requir ing licenses from more than one state agency. 197-11-938 Lead agencies for specific proposals. 197-11-940 Transfer of lead agency status to a sta te agency. 197-11-942 Agreements on lead agency status. 197-11-944 Agreements on division of lead agency d uties. 197-11-946 DOE resolution of lead agency disputes. 197-11-948 Assumption of lead agency status. 197-11-960 Environmental checklist. 197-11-965 Adoption notice. 197-11-970 Determination of nonsignificance (DNS). 197-11-980 Determination of significance and scoping notice (DS). 197-11-985 Notice of assumption of lead agency statu s. 197-11-990 Notice of action. (Ord. 4840 § 1, 1996.) Section 2. Amendment to City Code. Title 18 of the Auburn City Code is amended by adding a new Chapter, 18.08 “Nort heast Auburn Special Area Plan” as follows: Chapter 18.08 Northeast Auburn Special Area Plan and Auburn Gateway Planned Action Sections 18.08.010 Purpose 18.08.020 Findings related to the Northeast Auburn Sp ecial Area Plan 18.08.030 Applicability 18.08.040 Thresholds 18.08.050 Review Criteria 18.08.060 Effect of Planned Action designation 18.08.070 Permit Process 18.08.080 Mitigation Measures DI.C
Ordinance No. XXXX Draft - 9.27.11 Page 6 of 14 18.08.010 Purpose of the Planned Action. The purpose of this Chapter is to: A. Set forth a procedure designating certain project act ions within a specific subject site as “Planned Actions” consistent with state law, RCW 43.21C.031; and, B. Provide the public with an understanding as to what constitutes a Planned Action and how land use applications which qual ify as Planned Actions will be processed by the City; and, C. Streamline and expedite the development review p rocess for this ‘designated planned action’ by relying on completed and existing detailed environmental analysis for the subject site; D. Combine environmental analysis with land use planning; and D. Apply the City’s development regulations together with the mitigation measures described in the Environmental Imp act Statement (EIS) and this Ordinance to address the impacts of future developm ent contemplated by the Planned Action. 18.08.020 Findings related to the Northeast Auburn Special Area Plan After thorough review and consideration, the city coun cil makes the following findings: A. The Northeast Auburn Special Area Plan ("subarea plan") and its accompanying draft and final environmental impact state ment ("EIS") and EIS addenda have analyzed and addressed all of the probabl e significant environmental impacts associated with the land uses allo wed by the city’s development regulations and described in the subarea pl an as to the Northeast Auburn Special Planning Area. B. The analysis contained in the subarea plan and EIS and addenda is adequate to identify the probable environmental imp acts of developments allowed under the city’s development regulations which were not previously analyzed in the comprehensive plan and its accompanying environmental documents. C. The mitigation measures identified in the environment al element of the subarea plan, EIS and EIS addenda, together with the regulations in the city’s development code, are adequate to identify and miti gate the probable significant environmental impacts of the land uses and developmen ts considered within the planned action and subarea plan and EIS documents. D. The expedited development review procedure in this cha pter is consistent with law, will be a benefit to the public, w ill protect the environment, and will enhance the city’s economic development. DI.C
Ordinance No. XXXX Draft - 9.27.11 Page 7 of 14 E. The public interest will be served by implementing the expedited development review procedure set forth in this chapter. F. Public involvement and review of the subarea plan and EIS and addendum have been extensive and meet the requiremen ts of law, and have been sufficient to ensure that the subarea plan and EIS bear a substantial relationship to the public interest, health, safety, a nd welfare. G. The land uses identified in the subarea plan for the Northeast Auburn Special Area are consistent with and will implement the comprehensive plan. H. Northeast Auburn Special Area is hereby designated a planned action. 18.08.030 Applicability of the Planned Action. A. Planned Action Area: This Chapter applies to approximately 70 acres included in the Auburn Gateway project area as describe d in the Northeast Auburn/Robertson Properties Special Area Plan EIS, Issu ed by the City on July 30, 2004 (and any addenda thereto) and the adoption of the Northeast Auburn/Robertson Properties Special Area Plan. Any ot her planned action for which the impacts have been studied in an EIS shall also meet the requirements of this Chapter, be approved by the Planning and Com munity Development Director (Director), and be designated as a planned act ion by resolution of the City Council before it shall be entitled to review and treatment as a planned action under this Chapter. B. Environmental Document: A planned action for a si te-specific development shall be based on the environmental analy sis contained in the Northeast Auburn/Robertson Properties Special Area Plan EIS, Issued by the City on July 30, 2004 (and any addenda thereto.) Th e mitigation requirements in this Chapter are based on the Northeast Auburn/Robert son Properties Special Area Plan EIS. These requirements, together with City codes, ordinances, and standards provide the framework for the decision by the City to impose conditions on a Planned Action project. C. Planned Action Designated: Uses and activities describ ed in the Northeast Auburn/Robertson Properties Special Area Plan EIS and (any addenda thereto) subject to thresholds (ACC 18.08.040 ) and mitigation measures established by this Ordinance, are designated pl anned actions pursuant to RCW 43.21C.031. 18.08.040 Planned Action Thresholds Subject to the zoning regulations for the site and the mitigation measures described in this Chapter, the maximum levels of develo pment described below have been evaluated in the Northeast Auburn/Robertson Properties Special Area DI.C
Ordinance No. XXXX Draft - 9.27.11 Page 8 of 14 Plan EIS, as described in the EIS (and any addenda the reto), are planned actions pursuant to RCW 43.21.C.031. In order to qua lify as a planned action total cumulative development within the Auburn Gatew ay project area that has been permitted under this ordinance shall meet all of the following criteria: A. Land Use: 1. The following are the primary categories of uses aut horized under this planned action: a. Office b. Retail c. Multifamily residential 2. Land use review threshold. The planned action desig nation applies to future development proposals within the Auburn Gat eway project area which are within the range evaluated in the Northeast Aubu rn/Robertson Properties Special Area Plan EIS and the EIS addendum as shown be low. Us e Maximum Allowable Maximum Structure Height Multifamily Residences 500 dwelling units 75 feet Retail uses 720,000 square feet 75 feet Office uses 1,600,000 square feet 75 feet B. Transportation: Trip Ranges: Cumulative development within the Aubur n Gateway project area that does not exceed the following range of trip generation from all uses developed within the Auburn Gateway project area shal l qualify as a planned action: Net New Trips Allowable in the Auburn Gateway Project Area Time Range Net New Trips AM Peak Hour (primary) 1,862 PM Peak Hour (primary) 2,419 Daily Total 18,920 Non-Pass-by Trips (”Auburn Gateway Transportation Impact Analysis” prepared by Transportation Solutions, Inc in August 2011 as part of the Auburn Gateway Environmental Impact Statement (EIS) addend um) C. Earthwork: The maximum of amount of excavation and fill qualify ing as a planned action shall be 250,000 cubic yards of excavation and 75 0,000 cubic yards of fill. D. Air Quality: Modifications to regional arterials included in the p lanned action include potential new signals on Auburn Way North at 45th Str eet NE and 49th Street NE, and at the driveway access to Auburn Way North midp oint between the two intersections, if demonstrated by analysis of signal warra nts and on South 277th DI.C
Ordinance No. XXXX Draft - 9.27.11 Page 9 of 14 Street and 45 th ST NE at a relocated I Street NE. A roundabout or traffic signal would be provided at the intersection of 49 th ST NE and I ST NE and a future signal at 45 th ST NE. E. Water: 1. Floodplain modifications. Up to 33.73 acre feet of floodplain storage volume may be filled within the Auburn Gateway proj ect area based on the 1995 FEMA floodplain. The actual amount of floodplain mo dification and storage compensatory flood storage volume will depend on the FEMA floodplain regulations in effect at the time of development. Si nce the extent of floodplain and amount of fill may be subject to change it may be subject to further environmental review. The amount of floodplain aff ected will require that compensatory volume is provided at the time of fill. 2. Impervious surfaces- up to 90 percent of the Auburn G ateway site area may be covered with impervious surfaces F. Plants and Animals: Up to 0.55 acres of wetland fill placed in accordance wi th local, state, and federal regulations in the wetland ditches along South 277th Street (approximately 0.5 acres), and as necessary to complete r equired improvements for I Street NE and 49th Street NE (up to 0.25 acres of wetland fill within the Auburn Gateway project area), shall qualify as part o f this planned action. The wetland impacts to the yet undelineated Wetland F wit hin the Gateway II project area will be in accordance with local, state and federal regulations in effect. G. Time of submission: The application is submitted durin g the time that the Development Agreement between the City of Aubur n and Robertson Auburn Properties, entered into on _____________, is in effe ct. 18.08.050 Review Criteria for Planned Actions A. The Director or Director’s designee is hereby authori zed to designate a project application as a Planned Action if t he project meets all of the following conditions: 1. The project is consistent with the adopted Comprehensi ve Plan. 2. The project is located on the subject site as described w ith the Planned Action Ordinance. 3. The project’s significant environmental impacts have been adequately addressed in the EIS. 4. The project complies with the Planned Action Thresh olds. 5. The project’s significant impacts have been mitigated though application of the mitigation measures identified in the EIS documents and other City requirements. 6. The project is not an essential public facility. DI.C
Ordinance No. XXXX Draft - 9.27.11 Page 10 of 14 18.08.060 Effect of Planned Action designation A. Upon designation by the Planning Director that the project qualifies as a Planned Action, the project shall not be subject t o a SEPA threshold determination, an environmental impact statement (EIS ), or any further review under SEPA. B. Being designated a Planned Action means that a prop osed project has been reviewed in accordance with this Ordinance, and found to be consistent with the development parameters and environmental an alysis included in the EIS documents. C. Planned Actions will not be subject to further pro cedural review under SEPA. However, projects may be subject to conditi ons designed to mitigate any environmental impacts which may result fro m the project proposal, and projects will be subject to whatever permit require ments are deemed appropriate by the City under State and City laws an d ordinances. The Planned Action designation shall not excuse a project from meetin g the City’s code and ordinance requirements apart from the SEPA process. 18.08.070 Planned Action Permit Process The Director shall establish a procedure to review proje cts and determine whether they meet the Planned Action criteria, and e stablishing minimum application and notice requirements. The procedure sha ll consist, at a minimum, of the following: A. Developments shall meet the requirements of ACC Tit les 12, 13, 14, 15, 16, 17 18, and 19. Application shall be made on the forms provided by the City and shall include a SEPA checklist [where approv ed through WAC 197-11-315(2)] or such other environmental review forms p rovided by the City. B. The Director shall determine if the application is co mplete as provided in ACC 14.06. C. If the project is within the area designated as a p lanned action, the application shall be reviewed to determine if it is con sistent with all of the requirements in this Chapter. D. When a complete application for development has bee n determined by the City to qualify as a planned action, The Direct or shall notify the applicant and the project shall proceed in accordance with the ap propriate permit procedure, with the exception that no additional SEPA review, threshold determination, or EIS shall be required. DI.C
Ordinance No. XXXX Draft - 9.27.11 Page 11 of 14 E. Public notice for project qualifying as planned actio ns shall be tied to the underlying permit. If notice is otherwise req uired for the underlying permit, the notice shall state that the project has qualified as a planned action. If notice is not otherwise required for the underlying permit, no special notice is required. F. If a project is determined to not qualify as a pl anned action, the Director shall so notify the applicant and the SEPA res ponsible official; shall prescribe a SEPA review procedure consistent with the Cit y’s SEPA regulations and the requirements of state law. 18.08.080 Planned Action Mitigation Measures See Exhibit 1. 18.08.090 Amendments Amendments to this Chapter may be initiated by the Ci ty, the proponent, or the proponent’s successor, and shall occur as follows: A. The Planning Director or Public Works Director, in th eir area of responsibility, may interpret the words and meaning of certain conditions in order to resolve conflicts in implementation. All words in th e ordinance shall carry their customary and ordinary meaning. B. If changes to the language of the ordinance are re quired, such proposed changes shall be reviewed by the Planning a nd Development Committee of the City Council, or its successor. If the change is minor, then the Committee shall make a recommendation to the City Council. If the Change is ma jor, the Committee shall refer the change to the Hearing Examiner. For majo r changes the Examiner shall conduct a public hearing and make a recommendation to the City Council. DI.C
Ordinance No. XXXX Draft - 9.27.11 Page 12 of 14 Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessa ry to carry out the directions of this legislation. Section 4. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidi ty of any clause, sentence, paragraph, subdivision, section or portion of this ordin ance, or the invalidity of the application thereof to any person or circumstance shall n ot affect the validity of the remainder of this ordinance, or the validity of i ts application to other persons or circumstances. Section 5. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: __________________ PASSED: _______________________ APPROVED: ____________________ CITY OF AUBURN ______________________________ PETER B. LEWIS MAYOR ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney DI.C
Ordinance No. XXXX Draft - 9.27.11 Page 13 of 14 Published: _________________ DI.C
Ordinance No. XXXX Draft - 9.27.11 Page 14 of 14 Exhibit 1 - Planned Action Mitigation Measures DI.C
Exhibit 1 In addition to compliance with all applicable city, state, and federal re gulations that apply to the Auburn Gateway Project, the following conditions apply to development w ithin the Auburn Gateway Project Area: Prior to Alteration of the Site by Demolition of St ructures or Grading Cultural Resources 1. Prior to alteration of the site by demolition or grading, in order to preserve a record of the drive-in theater, photo documentation to recognized archival standards of the most important features of the drive-in theater site and structures shall be completed prior to removal or alteration of the site or structures, and shall be provided to the Whit e River Valley Museum, as permanent repository. 2. Prior to alteration of the site by demolition or grading, a professional arc haeologist shall be retained to monitor any ground-disturbing construction excavation that penetrates fill deposits into native alluvial soils. Proof of the services of professional archaeologist shall be provided to the City. If during site alteration act ivities any hunter-fisher-gatherer or historic period archaeological deposits or hum an remains are discovered in any portion of the Auburn Gateway project area, ground-distur bing activities shall be halted immediately in an area large enough to maint ain the integrity of the deposits. Upon the discovery of any such deposits or remains the City of Auburn, the state Office of Archaeology and Historic Preservation, the Du wamish Tribe, the Muckleshoot Indian Tribe, and a professional archaeologist shall be notified immediately. Treatment of the archaeological deposits or human rema ins shall be coordinated and implemented through consultation among these partie s. Prior to Issuance of any Clearing or Grading Permit s within Either the North and/or South Phases of the Project : Air Quality 1. Prior to issuance of a clearing or grading permit for either phase, the Applicant must submit an air quality plan that evaluates the potential impacts due to exhaust emissions and fugitive dust during construction. The plan which must be reviewed and approved by the City, shall establish means for be minimizi ng impacts by implementing the following: Use only equipment and trucks that are maintained in optimal operational condition. DI.C
Evaluate and as appropriate have all off-road equipment be retrofitted with emission reduction equipment (i.e., evaluate participation in the Puget Sound region Diesel Solutions by project sponsors and contractors). Evaluate and as appropriate use bio-diesel or other lower emission fuels for vehicles and equipment. Evaluate and as appropriate use carpooling or other trip reduction strategies for construction workers. Stage construction to minimize overall transportation system congestion and delays to reduce regional emissions of pollutants during construction. Implement construction curtailing on hot days when the region is at risk for exceeding the national ambient air quality standards (NAAQS) for ozone, and work at night instead. Implement restrictions on construction vehicle idling (e.g., limit idling to a maximum of five (5) minutes). Locate construction equipment away from sensitive receptors, such as fresh air intakes for buildings, air conditioners, and sensitive populations. Locate construction staging zones where diesel emissions will be unnoticeable to the public and away from sensitive populations, such as the elderly and the young. Spray exposed soil with water or other suppressant to reduce particulate emissions of PM 10 and deposition of particulate matter. Pave or use gravel on staging areas and roads that will be exposed for long periods. Cover all trucks transporting materials, spray water on materials in trucks, or provide adequate freeboard (space from the top of the material to the top of the truck bed) to reduce PM 10 emissions and deposition during transport. Provide wheel washers for the removal of particulate matter that would otherwise be carried off the site by vehicles to decrease deposition of particulate matter on area roadways. Remove particulate matter deposited on paved public roads, sidewalks, bicycle paths, and pedestrian paths to reduce mud and dust; sweep and wash streets continuously to reduce emissions. DI.C
Cover dirt, gravel, and debris piles as needed to reduce dust and wind-blown debris. Route and schedule construction trucks so that traffic delays are reduced during peak travel times to minimize air quality impacts caused by a reduction in traffic speeds. Storm Drainage 2. Prior to issuance of a clearing or grading permit for either phase, the Applicant shall provide to the City for review and approval, a Temporary Erosion and Sedimentation Control (TESC) plan . The plan can address a phase or project specific area and shall be in conformance with the City’s Engineering D esign Standards that include best management practices (BMPs) to prevent e rosion, sedimentation, and release of other pollutants during construction. The TESC plan shall identify any proposed phasing. Typical minimum BMPs for er osion and sedimentation control should be utilized for the Auburn Gateway Project are a, including silt fences, stockpile covers, mulch or other temporary ground cover in disturbed areas, protection devices for storm drain inlets on nearby stree ts, stabilized construction entrances and staging areas, and sediment traps or ponds for concentrated runoff flows. The following minimum site-specific BMPs shall be included in the TESC plan to address specific construction-related impact s: The area of exposed bare soil created by clearing and grading activities shall be limited to a maximum acreage of five (5) acres and mulch and/or other temporary ground cover shall be applied to such exposed areas prior to beginning a new stage or phase of clearing or grading. Clearing and grading activities shall be limited to the dry season (April through September) in areas that are located within the 100-year floodplain, within wetland buffers, or within twenty-five (25) feet of surface water conveyance ditches. All areas disturbed due to clearing and grading activities shall be stabilized to prevent erosion within seven (7) days of the completion of the work in said areas. Wheel washing and regularly scheduled street cleaning shall be performed to minimize the deposition of soil and sediments by construction vehicles on surrounding streets. Construction equipment shall be outfitted with emergency spill kits and construction crews shall be trained in their proper use. DI.C
Clearing and grading operations in wetland buffers shall be scheduled so that grading occurs only one time. This schedule shall be identified in the Wetland Mitigation Plan. The final planting of wetland buffers shall be completed within the first year following grading. This schedule shall be identified in the Wetland Mitigation Plan. Water from dewatering activities shall be discharged into a filtration system, sediment trap, or sediment pond unless it is proven by turbidimeter measurements that the water is clean. The rate of dewatering discharge should not exceed the design capacity of the filtration system, sediment trap, pond, or downstream drainage system. Control and treatment of any contaminated water shall meet all applicable regulatory requirements if contaminated ground water is present in the vicinity of dewatering activities. 3. Prior to issuance of a clearing or grading permit for either phase, the Applicant shall apply for and secure a Construction Stormwater General Permit or equivalent required by the National Pollutant Elimination Discharge Syste m (NPDES), Phase 2 through the Washington State Department of Ecology. Grading/Critical Areas 4. Prior to issuance of a clearing or grading permit for either phase, the Applicant shall prepare for the City’s approval a Master Grading Plan , including a geotechnical engineering report that evaluates the hydrogeologic effec ts of the grading plan and includes methods for grading and constructing the project in such a manner to prevent impacts on wetland hydrology and nearby basements. The geotechnical report must: Assess the degree of soil compaction and settling expected and the corresponding change in soil porosity and transmissivity of existing or proposed soils throughout the proposed development. Assess the likely effects of altered geotechnical soil propertie s and stormwater infiltration processes on ground water levels at and near the proposed development. Characterize the expected water level regime throughout a full typical annual cycle, as well as during reasonably foreseeable drought and storm periods. DI.C
Provide an analysis of different specific methods for increasing or decreasing the infiltration of stormwater as necessary to maintain existing ground water levels, and/or for managing ground water levels with engineering controls such as cutoff walls and curtain drains. Increased infiltration could be accomplished by various methods including, but not limited to, reducing the area of impervious surface at the site through reduction of area devoted to roofs, parking lots, and roadways; reducing the connectedness of the impervious surface to the storm drainage system; and incorporating Low Impact Development (LID) design techniques such as porous pavement and downspout infiltration systems. Decreased infiltration could be accomplished in the design of the drainage collection and conveyance systems for runoff from impervious surface areas and in the design of stormwater pond linings. Demonstrate that the hydroperiod of wetlands in the planning area would not be adversely affected by the development throughout a full typical annual cycle, as well as during reasonably foreseeable drought and storm periods. If the hydroperiod analysis predicts reductions in wetland water levels, propose a method for allowing some stormwater runoff to be routed to the affected wetlands after appropriate flow control and water quality treatment. Analysis shall conform to The Department of Ecology’s Stormwater Management Manual for Western Washington (Ecology 2001) guidance for performing the wetland hydroperiod analysis, information on maximum acceptable hydroperiod alterations, recommendations for reducing development impacts on wetland hydroperiod and water quality, recommendations for flow control and treatment for storm drainage discharges to wetlands, and recommendations for post development wetland monitoring. Demonstrate that the ground water levels likely to result from the development will not adversely affect basements in nearby structures throughout a full typical annual cycle. Specify a monitoring plan to continue through full development period and for five (5) years thereafter to ensure that the measures taken adequately mitigate the impacts on ground water and wetland water levels. Identify corrective measures (contingency measures) that would be possible after full development is complete if the project is found to be adversely affecting wetland hydrology. The applicant shall provide a binding agreement to implement such corrective measures DI.C
prior to the issuance of clearing and grading permits within either phase of the project. Critical Areas/Habitat 5. Prior to issuance of a clearing or grading permit for either phase, the Applicant shall ensure compliance with the National Marine Fisheries Service (NM FS) Biological Opinion, and meet Federal Emergency Management Agency (FEMA ) and National Marine Fisheries Service (NMFS) requirements for providing adequate protection to endangered species pursuant to a city floodplain development permit for any alteration within regulatory floodplain. 6. Prior to issuance of a clearing or grading permit for either phase, the Applicant shall prepare a critical areas report related to wetland and fish habitat (including a Wetland Mitigation Plan) meeting applicable requirements for miti gating potential project impacts. The plan shall: Coordinate wetland mitigation conservation requirements of the various agencies with regulatory authority. Coordinate wetland mitigation conservation with phasing of earthwork and construction to avoid/reduce reoccurrence of disturbance or impacts. Include information on measures to be employed to avoid impacts on wetland hydrology, as discussed in the Water Resources section of the 2004 Draft Environmental Impact Statements (EIS). Stipulate mitigation measures for wetlands affected by alteration, dredging, or filling in accordance with Auburn City Code Chapter 16.10. Mitigation could be implemented by on-site or off-site wetland enhancement or creation consistent with local, state and federal regulations. For any new wetland impacts, provide buffers in accordance with Auburn City Code Chapter 16.10. Provide a mitigation plan for approval by regulating agencies for the planting or enhancement of wetland buffers with native plant species as soon as possible after initial site grading is complete d. Identify the construction boundaries and methods to be employed after completion of project to ensure long term protection and to avoid encroachment on adjacent habitat areas. DI.C
Schedule construction within work windows specified by WDFW, the COE, NOAA Fisheries, and/or the USFWS to avoid critical periods (i.e., wintering, nesting and breeding/spawning, and migration) for species of concern listed as present or potentially present in the planning area. Demonstrate that the mitigation plan is coordinated with the stormwater pollution prevention plan (SWPPP) to prevent or minimize sedimentation and potential hazardous spills that could affect both the onsite and offsite water bodies. Minimize night lighting near wetlands during construction. Identify locations and types of night lighting to be used for development that minimizes light impacts on wetland habitats and buffers. Establish a protocol for wetland and hydrologic monitoring to ensure that wetland mitigation and newly planted wetland buffers are thriving after the installation of the plantings is completed. Provide financial security in an amount commensurate to guarantee monitoring, maintenance and contingency measures. Wetland monitoring should continue annually for a minimum of five (5) years after the project is completed or as needed to be consistent with approval from other agencies with jurisdiction, and should include observations and reporting of native vegetation and hydrologic conditions that may be adversely affected by fill or alterations adjacent to wetland areas. Replace the culvert at the intersection of I Street NE and South 277th Street with a fish passable culvert (J.S. Jones and Associates, Inc., 2010). Identify design and construction techniques to protect wetlands and wetland buffers from the intrusion of humans and domestic animals by means of barriers to humans and domestic animals, while still allowing aesthetic visual enjoyment of these areas. Require modifications to stormwater and/or groundwater management if adverse effects on wetland hydrology are observed before the end of the wetland monitoring period. A written commitment acceptable to the city shall be required prior issuance of clearing or grading permits. Revegetate portions of the project area that are disturbed only for construction purposes (e.g., areas surrounding buildings or DI.C
construction staging areas) as soon as possible after construction is completed. Establish a protocol for and conduct monitoring to ensure that newly planted areas are thriving. Provide financial security to guarantee monitoring, maintenance and contingency measures. The construction staging areas should be located on the existing gravel within the drive-in theater so wildlife displacement is delayed. The following conservation measures are required to avoid or minimize potential impacts to surface water (including South 277th Street roadside ditch) during construction. o In-water construction activities will be regulated by the Hydrauli c Project Approval (HPA) issued by the Washington State Department of Fish and Wildlife (WDFW) for the project. The anticipated in-water work should occur from July 1 to August 31, or when the water bodies in the project area are dry or as conditioned in the HPA. This will limit work within the wetted perimeter of the water bodies to the low-flow summer months and reduce potential for impacts to fish species. o Staging areas, stockpiles, equipment storage areas, and other similar facilities should be set back at least 100 feet from the top-of-bank of the water courses with downstream fish habitat. o To minimize the effect of dewatering the work area on fish species, the Hydraulic Project Approval (HPA) for this project will require that the project proponent capture and safely remove fish and other aquatic life from the portion of water course to be abandoned. Captured fish are required to be immediately and safely transferred to free-flowing wate r downstream of the bypass following methods outlined in the anticipated HPA for this project. o The project proponent should seek assistance from WDFW to remove fish prior to construction if WDFW personnel are available. If WDFW personnel are not available, the project proponent should arrange for the removal of fish by a qualified fisheries biologist. o The amount of area that is cleared and graded at any one time should be limited, and construction activities should be scheduled soon after an area has been cleared and stripped of vegetation. o Construction areas and limits of work shall be clearly identified in the field and on plans to minimize habitat disruption. o Where possible, native vegetation removed during construction shall be replaced with native tree and shrub species following construction. These actions will increase the water quality, hydrologic, and habitat feature s associated with these areas. DI.C
o Buffers shall be established and planted with a mixture of native tree and shrub species. Establish a protocol for monitoring to ensure that mitigation and newly planted buffers are thriving after the installa tion of the plantings is completed. Provide financial security to guarantee monitoring, maintenance and contingency measures. o Habitat features such as large woody debris (LWD) and boulders, shall be incorporated into final design to increase habitat complexity and provide cover for fish species. The performance of habitat features shall b e monitored and reported. o Relocated water courses should include fine grading necessary to establis h complex habitat types including pool and riffle complexes, which may require the installation of grade control structures. The performance of habitat features and grade control structures should be monitored and reported for a period as approved by reviewing agencies. o The relocated portion of water courses shall allow for placement of spawning sized gravel at a minimum depth of six inches. o The culvert at the intersection of I Street NE and South 277 th Street shall be replaced with a fish passable culvert (J.S. Jones and Associates, In c., 2010). 7. Prior to issuance of a clearing or grading permit for either phase, the Applicant shall provide proof of approval from the City of Kent for use of the City of K ent’s Army Corps of Engineers Section 404 and Washington State Department of Ecology 401 approvals for the filling of the wetland ditches associated with widening South 277th Street, which filling has been previously mitigated by t he City of Kent. Site Contamination 8. Prior to issuance of a clearing or grading permit for either phase, the following mitigation measures to address documented existing contamination, potential existing contamination (i.e., underground storage tanks and asbestos), and potential contamination associated with construction (i.e., fuel and lubricants) and shall be implemented. Conduct phase II environmental site assessments (sampling and analysis) at locations indicated in the EIS as potential areas of contamination to provide a basis for planning invasive work and documentation for the Washington Department of Ecology. As part of grading or building permit applications, incorporate construction specification provisions for abatement, removal, storage, transportation, and disposal or treatment of contaminated media (requiring contractor-generated management plans). DI.C
As part of grading or building permit applications, incorporate construction specifications to minimize public exposure to contaminants via both airborne and direct contact routes by means of increased construction-zone setbacks, additional barriers to public access, and expeditious removal of contaminated materials. Ensure that removal of hazardous materials will be managed using standard approaches in accordance with Department of Ecology policies, procedures, and requirements. As part of grading or building permit applications, demonstrate how the Applicant will avoid contaminated areas to minimize potential impacts (i.e., restrict building construction above contaminated ground water). As part of grading or building permit applications, demonstrate that any hazardous waste generated as part of this project will be transported to permitted facilities by entities licensed by the s tate Department of Transportation for that purpose. Construction Noise 9. As part of clearing, grading or building permit applications, the foll owing measures shall be implemented to mitigate noise during construction of the project: Develop a mitigation plan for construction noise that includes a schedule of construction activities, the intensity and duration of the noise generated during these activities, and the location of the activities relative to the nearest noise-sensitive receivers. The pla ns shall demonstrate that the project will comply with the city noise polices and state regulations for construction noise, and is subject to approval by the Director. Use properly sized and maintained mufflers, engine intake silencers, and engine enclosures. Require that construction equipment be turned off if it will idle for more than five (5) minutes. Restrict construction activities to daytime hours unless an expansion of construction hours is approved in advance by the City. Nighttime hours are before 7:00 a.m. and after 7:00 p.m. and on weekdays, before 9:00 a.m. and after 6:00 p.m. on Saturday and Sunday. DI.C
Place stationary equipment, including pumps, compressors, welding machines and similar equipment, as far as possible away from noise-sensitive receiving locations, while maintaining the effective use of such equipment. Where this is infeasible or where noise impacts are still likely, place portable noise barriers around the equipment with the opening directed away from the noise-sensitive receiving property. Substitute hydraulic or electric models for impact tools such as jackhammers, rock drills, and pavement breakers. Require equipment operators to drive forward rather than backward, where feasible, to minimize noise from backup alarms. Require operators to lift rather than drag materials, wherever feasible. Prior to Issuance of any Permits for Construction i n the Floodplain within Either the North and/or South Pha ses of the Project: Floodplain 1. Prior to issuance of any permit for construction in the floodplain within either phase, the Applicant shall apply to the City for review and approval a Floodp lain Development Permit pursuant to Auburn City Code 15.68., including any Habitat Impact Assessment and, if applicable a Habitat Mitigation Plan. The ap plicant shall also incorporate the following performance measures into any tem porary erosion and sedimentation control (TESC) plans for project areas locate d within floodplain: Compensatory floodplain storage shall be provided at a 1-to-1 ratio for all projects that involve the placement of fill in the FEMA 100-year floodplain in effect at the time the permit application is deemed complete by the City. Compensation shall be constructed concurrently such that prior to placement of any fill within the floodplain an equal amount of compensatory storage shall be provided. On-site compensatory floodplain storage shall be provided for any developments within the Project area that are not compensated for completely by constructed flood storage within the Port of Seattle mitigation wetland to which legal right of use has been secured. DI.C
The ground surface of any compensatory floodplain storage shall be below the 100-year Green River flood elevation and above the seasonal high ground water elevation, and shall be provided with adequate hydrologic and hydraulic connectivity to the floodplain areas north of South 277 th Street. If any portion of the compensatory floodplain storage is provided within the Port of Seattle mitigation wetland to which legal right of use has been secured, then a flood conveyance channel of sufficient capacity shall be installed to connect the Green River floodplain to the Port of Seattle mitigation wetland. The design of the channel shall be submitted for City review and approval. This channel would be located on the south side of South 277th Street and extend west from the existing north-south flood channel located on Port of Seattle property to the existing twin-barrel 6-foot by 3-foot box culvert under S 277 th Street connecting to the Green River floodplain area to the north. The alignment of flood conveyance channel shall be located beyond the southerly limits of the planned widening to the south of South 277th Street improvements. The flood conveyance channel shall be in place prior to placement of any fill. Prior to any Issuance of Permits for Vertical Const ruction within Either the North or South Phases of the Proj ect: Storm Drainage 1. Prior to issuance of permit for vertical construction, the Applicant shall p rovide to the City for review and approval a Storm Drainage Master Plan for the combined North and South Phases of the Project. The plan shall include the approximate location, elevation, and size of all major storm drainage conveyance , water quality, and flow control facilities in conformance with the City’s Engineering Design Standards. The storm drainage master plan shall contai n sufficient information, including supporting storm drainage calculations, to demonstrate that the system design and configuration is feasible and is capab le of meeting city standards. In addition, if the storm drainage discharge from the project is not as pro posed in previous drainage analysis prepared for the purposes of the EIS (“Hydraulic Model Evaluation of Potential Drainage System Impacts Associated with the Auburn Gateway Project”, Herrera, 2003) and the discharge is all directed t o either: South 277th Street (EIS Scenario 3a) or split evenly between South 277th Street and D Street NE (EIS Scenario 3b), then additional downstream drai nage analysis shall be required as directed by the City Engineer prior t o issuance of a permit for vertical construction. DI.C
If all the storm drainage discharge from the project is directed to South 277 th Street (EIS Scenario 3a) the applicant shall design the master plan to inc lude the following storm drainage improvements for any phase of development: • Replace the existing storm drainage pipe located in D Street NE wit h a 36-inch pipe in D Street NE from South 277 th Street to Auburn Way North. The master storm drainage plan shall also define which improvements are t o be constructed concurrent with each phase of the project (North Phase, South Phase , or Combined North and South Phases). Water 2. Prior to issuance of permit for vertical construction, the Applicant shall p rovide to the City for review and approval a Water Master Plan for the combined North and South Phases of the Project. The plan shall include the approximate location and size of all pipes, valves, and fire hydrants in conformance with the City’s Comprehensive Water Plan and Engineering Design Standards. The Water Master plan shall contain sufficient information, including hydraulic analys is if deemed necessary by the City Engineer, to demonstrate that the system l ayout is feasible and provides adequate fire flow and system reliability. The master water plan shall also define which improvements are to be const ructed concurrent with each phase of the project (North Phase, South Phase, or Combined North and South Phases) as follows: North Phase • Replace the existing 8-inch and 6-inch water pipes with 12-inch water pipe in 49 th Street NE from Auburn Way North to I Street NE. • Construct a new 12-inch water pipe along the extension of I Street NE between 49 th Street NE and South 277 th Street. South Phase • Replace the existing 8-inch and 6-inch water pipes with 12-inch water pipe in 49 th Street NE from Auburn Way North to I Street NE. • Construct a new 12-inch water pipe along the extension of I Street NE between 45 th Street NE and 49 th Street NE. Combined North and South Phases • The combined water system mitigation listed above for the North and South Phases. Sanitary Sewer DI.C
3. Prior to issuance of permit for vertical construction, the applicant shall p rovide to the City for review and approval a Sanitary Sewer Master Plan for the combined North and South Phases of the Project. The plan shall include the approximate location, elevation, and size of all pipes and manholes in conformance with the City’s Comprehensive Sanitary Sewer Plan and Engineering Design Standards. The sanitary sewer master plan shall cont ain sufficient information, including hydraulic analysis if deemed necessary b y the City Engineer, to demonstrate that the system layout is feasible and is c apable of meeting city standards. The master sanitary sewer plan shall also define which improvements are to be constructed concurrent with each phase of the project (North Phase, South Phase , or Combined North and South Phases). Storm Drainage, Water, and Sanitary Sewer 4. Prior to issuance of permit for vertical construction, the Applicant shall su bmit civil utilities construction plans , consistent with the approved combined North and South Phases of the: * master storm drainage plan, * master water plan, and * master sanitary sewer plan to the City for review and approval in conformance with the City’s Engineer ing Design Standards. Transportation 5. Prior to issuance of permit for vertical construction, the Applicant shall p rovide a master plan for pedestrian/non-motorized circulation to the City for review and approval. The master plan for pedestrian/non-motorized circulation shall be in conformance with the City’s engineering design standards and provide an efficient and safe pedestrian circulation system that provides approp riate crossing of I Street NE, D Street NE, and 49th Street NE at places where pede strian/non-motorized crossings are likely to occur and where crossings can be safely accommodated with necessary improvements to minimize travel distance. The master pedestrian circulation plan shall specify the location and type s of paths, the materials and methods to be used to promote safety at street and driveway crossings, and the framework of connections and amenities to be developed, as described in the Auburn Gateway Architectural and Site Design Standards (Attachment A). The master plan for pedestrian/non-motorized circulation shall also defi ne which improvements are to be constructed concurrent with each phase of the proj ect (North Phase, South Phase, or Combined North and South Phases). DI.C
6. Prior to issuance of permit for vertical construction, the Applicant shall p rovide a master transit plan to the City for review and approval. The plan shall be coordinated with King County Metro Transit and shall include the approximate locations of existing and proposed transit stops and associated faciliti es serving the Auburn Gateway Project. The plan shall also address opportunities to p rovide weekday park & ride spaces within the Auburn Gateway Project. The master transit plan shall also define which transit improvements are t o be constructed concurrent with each phase of the project (North Phase, South Phase , or Combined North and South Phases) 7. Prior to the action indicated in the heading above, the Applicant shall provide a master access and onsite vehicular circulation plan to the City for review and approval. The plan shall be in conformance with the City’s Engineering Des ign Standards and include locations and dimensions of access points expected for all portions of the Auburn Gateway project area. The access and onsite vehicula r circulation plan must be accompanied with a traffic analysis that indic ates commercial/delivery vehicle turning templates, emergency access l anes, and the volumes of traffic and levels of service expected at each access locati on. The master access and onsite vehicular circulation plan shall also define whi ch access points are to be constructed concurrent with each phase of the project (North Phase, South Phase, or Combined North and South Phases). Prior to issuance of permit for vertical construction, the Applicant shall p rovide a master motorized public improvement plan to the City for review and approval. The plan shall be in conformance with the City’s Engineering Des ign Standards and include streets, traffic signals, and intersection improvements for all portions of the Auburn Gateway project area. The master motorized improvement plan shall also define which street improvements are to be constructed concurrent with each phase of the proj ect (North Phase, South Phase, or Combined North and South Phases) as follows: North Phase First Widen South 277 th Street to include two westbound through lanes, three eastbound through lanes, paved shoulder, drainage systems, planting strip and 12-foot wide paved non motorized trail between L St NE and Auburn Way North. Complete a traffic signal at the intersection of South 277 th Street and I Street NE including two traffic monitoring cameras. The signalized intersection shall consists of two westbound through lanes, two westbound left turn pockets, DI.C
three eastbound through lanes, one eastbound right turn pocket, and three northbound turning lanes. Complete one eastbound right turn pocket at the intersection of South 277 th Street and D Street NE. Complete one westbound right turn pocket at the intersection of Auburn Way North and South 277 th Street. Complete I Street NE from 49 th Street NE to South 277 th Street. This roadway shall be designed to the city’s minor arterial standard and include five travel lanes (two lanes in each direction plus a raised landscape island with turn pockets at intersections) and bicycle lanes. Auxiliary right-turn lanes may also be required at driveways as identified in the master access and onsite vehicular circulation plan. Complete a traffic signal at intersection of I Street NE and 49 th Street NE including one traffic monitoring camera when the north, south, and west legs of the intersection are each connected to through streets. The signalized intersection shall be widened to facilitate northbound and southbound u-turns and include a leg for the future eastward street extension of 49 th St NE. Complete 49 th Street NE between Auburn Way North and the eastern property line of the Auburn Gateway project area. This street shall be designed as a minor arterial with three lanes (one lane in each direction plus a center left-turn lane) and bicycle lanes. Complete a traffic signal at the intersection of 49 th Street NE and Auburn Way North including one traffic monitoring camera. The signalized intersection shall be widened to facilitate northbound and southbound u-turns. Complete a traffic signal at the intersection of 45 th Street NE and Auburn Way North including one traffic monitoring camera when any traffic signal warrant is met at this intersection up to two years after issuance of final occupancy of full project build-out or prior to constructing a signal at the south development access drive at Auburn Way North. Construct a cul-de-sac at southern terminus of D Street NE at Auburn Way North and eliminate the vehicular connection to Auburn Way North. DI.C
South Phase First Widen the south side of South 277 th Street to include two westbound through lanes, two eastbound through lanes, paved shoulder, drainage systems, planting strip and 12 foot wide paved non motorized trail between L St NE and Auburn Way North. Complete one eastbound right turn pocket at the intersection of South 277 th Street and D Street NE. Complete I Street NE from 45 th Street NE to 49 th Street NE. This roadway shall be designed to a minor arterial standard and include five travel lanes (two lanes in each direction plus a raised landscape island with turn pockets at intersections) and bicycle lanes. Auxiliary right-turn lanes may also be required at driveways as identified in the master access and onsite vehicular circulation plan. Complete A traffic signal at intersection of I Street NE and 49 th Street NE including one traffic monitoring camera When the north, south, and west legs of the intersection are each connected to through streets. The signalized intersection shall be widened to facilitate northbound and southbound u-turns and include a leg for the future eastward street extension of 49 th St NE. Complete 49 th Street NE between Auburn Way North and the eastern property line of the Auburn Gateway project area. This street shall be designed as a minor arterial with three lanes (one lane in each direction plus a center left-turn lane) and bicycle lanes. Complete a traffic signal at the intersection of 49 th Street NE and Auburn Way North including one traffic monitoring camera. The signalized intersection shall be widened to facilitate northbound and southbound u-turns. Complete a traffic signal at the intersection of 45 th Street NE and Auburn Way North including one traffic monitoring camera when any traffic signal warrant is met at this intersection up to two years after issuance of final occupancy at full project build-out or prior to constructing a signal at the south development access drive at Auburn Way North. DI.C
Complete a traffic signal at the intersection of 45 th Street NE and I Street NE including one traffic monitoring camera when any traffic signal warrant is met at this intersection up to two years after issuance of final occupancy at full project build-out. Construct a cul-de-sac at southern terminus of D Street NE at Auburn Way North and eliminate the vehicular connection to Auburn Way North. Combined North and South Phases Complete the combined improvements listed above for the North and South Phases. 8. Prior to issuance of permit for vertical construction, the Applicant shall su bmit civil transportation construction plans , consistent with the approved combined North and South Phases of the: * master pedestrian/non-motorized circulation plan, * master transit plan, * master access and onsite vehicular circulation plan, and * master motorized public improvement plan to the City for review and approval in conformance with the City’s Engineer ing Design Standards. Signage 9. Prior to issuance of permit for vertical construction, the Applicant shall su bmit a master signage plan to establish locations sizes and materials for all types of signage to be used in subsequent phases (except traffic control signag e). The master signage plan shall be prepared in accordance with the pr ovisions of ACC 18.56.030.K, in effect as provided in the vesting provisions of the development Agreement between the City and Developer. The plan shall include comm ercial and directional signage as well as interpretive material such as informat ion on wildlife near wetlands or historical information about the area. The plan sh all be coordinated with the Auburn Gateway Architectural and Site Design Standards document. The master signage plan shall be recorded as required by ACC 18.56.030.M. Project plans shall demonstrate that the proposed project is consist ent with the approved master signage plan. Modifications to the master signage plan ma y be allowed by the Planning Director only after determining that the changes ar e consistent with the Auburn Gateway Architectural and Site Design Standards (Attachment A). DI.C
Visual/Aesthetics 10. Project construction plans shall adhere to the document: “Auburn Gateway Architectural and Site Design Standards”, BCRA, 2011 as approved and attached herein as Attachment A. 11. Project plans shall incorporate principles of crime prevention throu gh environmental design (CPT ED) in all project designs. These include but are not limited to the measures discussed in the Auburn Gateway Architectural and S ite Design Standards (Attachment A). Noise 12. Prior to the issuance of a permit for vertical construction, the Applicant shall prepare and submit a noise control plan to be approved by the City of Auburn for areas in which noise-generating equipment, such as mechanical equipment (i.e ., heating, ventilating, and air conditioning [HVAC] systems), loading docks, solid waste removal areas, compactors, outdoor retail speakers, and backup pow er generators, cannot be located away from noise-sensitive receivers. The C ity of Auburn may require noise containment systems where necessary to meet the nois e regulations. Prior to the issuance of a permit for vertical construction, the Applicant shall provide a binding agreement to ensure that all subsequent applications for City approval shall meet parameters of the approved noise c ontrol plan. 13. Project plans shall include the use of buildings, fences, berms, or large l andscape buffers to shield noise-sensitive receivers from onsite traffic noise. 14. Automobile fuel stations shall be located as far as possible from re sidential uses. If located within 100 feet of residential uses, the City of Auburn may require additional design measures to limit noise, odor, and glare impacts. 15. Outdoor activity areas such as eating and drinking establishments shall be located away from residential areas. If located closer than 300 feet to a residenti al area the City of Auburn may require design measures or operational restrict ions to limit noise impacts from late evening use. Prior to Issuance of Any Building Permits (allowing vertical construction) for Residential Uses Land Use 1. If residential uses are developed along D Street NE (or along vacate d roadway), 49th Street NE, or near Auburn Way North, provide landscape screening on-si te to limit the visual impacts due to potentially more intensive uses in the adja cent C3, Heavy Commercial zone. DI.C
2. The following mitigation measures shall be implemented for impacts on recreational resources: Implement the open space requirements described in the Auburn Gateway Architectural and Site Design Standards (Attachment A) through project-level design review. For residential development, this should include children’s play equipment, tennis courts, a fenced off-leash area for pets, and/or and open, level-lawn areas for free play or sport activities. 3. Pay City park impact fee in proportion to the level of residential devel opment in the Auburn Gateway Project Area prior to issuance of any building perm it for residential uses, unless deferred pursuant to city regulations. Prior to any Issuance of Occupancy Permits within E ither the North or South Phase of the Project: Storm Drainage, Water, and Sanitary Sewer 1. Prior to issuance of occupancy permits within either phase, the Applicant shall complete all public utility construction in conformance with the approved civil utilities construction plan and the City’s Engineering Construction Standards . 2. Prior to issuance of occupancy permit within either phase, the City shall accept as complete all public utilities facilities indicated on the approved civil utilities construction plans for operations and ownership by the City. Transportation 3. Prior to issuance of occupancy permits within either phase, the Applicant shall complete all construction in conformance with the approved civil transportation construction plans and the City’s Engineering Construction Standards. 4. Prior to issuance of occupancy permits within either phase, the City shal l accept all public transportation facilities indicated on the approved civil transportation construction plans for operation and ownership by the City. 5. Prior to issuance of occupancy permits within either phase, the Applicant shall provide a conceptual design and associated engineer’s estimate for const ruction of southbound right turn lane or eastbound right turn lane at the intersection of Auburn Way North and 37th St NE to the City for review and approval. The applicant shall pay the applicant’s estimated proportional share of the estimated construction costs to the City based on the approved conceptual design and associated engineers estimate. DI.C
6. Prior to issuance of occupancy permits within either phase, the Applicant shall provide a conceptual design and associated engineer’s estimate for const ruction of second southbound through lane at the intersection of Harvey Road NE/M St NE and 8 th St NE to the City for review and approval. The applicant shall pay the applicant’s estimated proportional share of the estimated construction costs to the City based on the approved conceptual design and associated engineers est imate. 7. Prior to issuance of occupancy permits within either phase, the Applicant shall provide a conceptual design and associated engineer’s estimate for const ruction of new traffic signal at the intersection of SE 304 th St and 112 th Ave SE including widening to accommodate left turn pockets to the City for review and approval. The applicant shall pay the applicant’s estimated proportional share of the estimated construction costs to the City based on the approved conceptual design and associat ed engineers estimate. 8. Prior to issuance of occupancy permits within either phase, the Applicant shall demonstrate to the satisfaction of the City Engineer that the Applicant has m ade a good faith effort to enter into a mitigation agreement with the appropriate jurisdiction (City of Kent and/or King County) to participate in the improvement of the following location in a manner that is suitable to the jurisdiction and consistent wi th the impacts identified in the Final Environmental Impact Statement or subs equent environmental documents. If an agreement is required, it shall be executed bet ween the Applicant and appropriate jurisdiction prior to issuance of occupancy permits. Intersection of Central Ave and S 259 th St: Construction of additional northbound right-turn lane. Intersection of S 277 th St and 55 th St NE: Reconfiguring of lanes on westbound S 277 th ST to provide dual left turn lanes and a single through lane and widening of 55 th St NE to accommodate the dual left turn lanes. Intersection of S 272 nd St and Military Road: Reconfigure signal phasing on north-south approaches from split phasing to conventional signal phasing. 9. Prior to issuance of occupancy permits within either phase, the Applicant shall provide to the City for review and approval future traffic signal warrant analyses at the intersections of Auburn Way North and 45 th St NE and I St NE and 45 th St NE, in conformance with the Model Uniform Traffic Control Devices (MUTCD). The analysis shall be conducted every two years starting tw o years from the issuance of the first occupancy permit for the Auburn Gateway Pr oject development and shall continue until any warrant is met at the intersections (see conditions for signal intersections improvements herein) or until two years af ter issuance of final occupancy permit at full project build-out. 10. Prior to issuance of occupancy permits within either phase, the Applicant shall provide to the City for review and approval an employee and customer DI.C
Transportation Demand Management (TDM) program that includes a good fai th effort to incorporate the following strategies: • Provisions for a transportation coordinator, employee shower facilities, lockable bike racks, flexible work schedules, telecommunication opportunities, on site transit/carpool/vanpool information, preferred carp ool and vanpool parking, on site traffic reports, guaranteed ride programs, and other incentives to encourage alternative travel modes to Single Occupancy Vehicles (SOV). Signage 11. Prior to issuance of occupancy permits within either phase, the interpre tive signage materials identified in the master sign plan shall be install ed by the applicant and inspected by the city, including information on wildlife near wetlands or historical information about the area. For the Life of the Project Wetlands 2. If adverse effects on wetland hydrology are observed before the end of the wetland monitoring period, modifications to stormwater and/or groundwater management shall be developed, submitted for City of Auburn approval, and implemented in orde r to restore wetland hydrology. Noise 3. Truck deliveries and waste hauling activities shall be restricted to day time hours in areas where noise from these activities would adversely affect resident ial uses as identified within the city approved noise control plan referenced in the prec eding condition. Signage 4. All signs within the Auburn Gateway project area shall be consistent w ith the master signage plan as approved by the City. General 5. For the purpose of the mitigation measures, the term “applicant” shall refe r to the current owners together with their heirs, assigns, and successors, of the p roperty as legally described. DI.C
6. Any plan, study or analysis required to be submitted by the applicant m ay include an incorporate by reference any existing document prepared as pa rt of the environmental review of this project. Any plan study or analysis may also be subm itted separately or as part of the permit application. 7. The Planning Director may interpret the words and meaning of the mitigation measures in order to resolve conflicts in implementation. All words shall car ry ther customary and ordinary meaning unless the context clearly conveys a different meaning. DI.C
AGENDA BILL APPROVAL FORM Agenda Subject: Capital Project Status Report Date: September 27, 2011 Department: Public Works Attachments: Capital Project Status Report Budget Impact: $0 Administrative Recommendation:Background Summary:See attached report. Reviewed by Council Committees:Public Works Councilmember:Wagner Staff:Gaub Meeting Date:October 3, 2011 Item Number:DI.D AUBURN * MORE THAN YOU IMAGINED DI.D
Date: September 27, 2011 Pr iority Total Group Art. St.Water Sewer Storm Other Total Estimated Design Adv.Const.Finish Project No.Proj. No.Location/Description (1-3)(102/105)(430)(431)(432)Funds Budget Cost %Date %Date Manager Status 1 CP0701 8th & R Street Traffic Signal: This project will develop and install a new traffic signal at the intersection.404,124 250,000 (Federal) 654,124 672,796 100%Jun-10100%Jul-11Vondrak Work is complete and final payment is in process.2 C201A Residential Building Demolition:This project will demolish the remaining residential buildings purchased as part of the M Street Underpass Project and the residential building located at Cedar Lanes Park. Part of M Street Underpass 30,000 (Facilities) 280,000 271,119 100%Jun-11100%Aug-11Sweeting Work is complete and final payment is in process.3 CP0920 2009 AC Water Main Replacement: This project will replace existing asbestos cement water mains with ductile iron mains in the Lea Hill area. 1,020,000 50,000 119,032 (SOS) 1,189,032 1,005,209 100%Nov-10100%Aug-11Lee Work is complete and final payment is in process.4 C507B Auburn / Pacific Trail Phase 2:Striping of a bike path along Skinner Road and 3rd Ave SE in Pacific. This phase will be completed with a City of Pacific Federal Grant.17,578 109,300 (Fed Grant)45,770 (Pacific) 172,648 172,648 100%Mar-11100%Sep-11Dunsdon Work is complete, WSDOT Review complete, and final payment is in process.5 CP1004 South Auburn ITS Expansion Project:This project will provide new ITS infrastructure to connect 15th St. SW, C St. SW, A St. SE, 6th St. SE, and 41st St. SE adding approximately 14 signals to the existing system and cameras for three heavily congested corridors.110,000 $693,401 (Federal)$31,800 (IS) 835,201 835,201 100%Feb-1199%Sep-11Sweeting Work is nearly complete, troubleshooting the wireless connection on A Street SE between 17th and 6th Streets.6 CP1010 2010 Storm Drainage Repair/ Replacement:This project will remove sediment from Airport Ponds F and G, the ponds and Bioswale on Riverwalk Drive, and repair a damaged culvert crossing at SE 312th St. and 125th Ave SE.412,000 412,000 222,500 100%Aug-1099%Sep-11LeeWork is nearly complete.7 CP0756 Lea Hill Pump Sta. Decommissioning Phase 2:Phase 2 includes the decommissioning of 2 pump stations that will no longer be required due to the installation of a new pump station in the Verdana development, as well as finishing the work from Phase 1.689,305 689,305 651,286 100%May-1185%Dec-11Sweeting Work is underway, White Mtn. Station has been decommisioned . Emergency change order work for sewer repair on AWS and storm repairs on 118th Ave are complete.8 CP0817 2009 Sewer & Storm Pump Station Replacement - Phase C, White River:This project will complete maintenance and repairs at the White River storm pump station.2,801,200 2,801,200 2,375,100 100%Nov-1080%Oct-11Sweeting Project is in suspension, waiting on materials.9 CP1006 Lakeland Hills Reservoir 6:This project will complete the construction of a new reservoir serving the Lakeland Hills Service Area on Francis Ct. SE 3,030,000 3,030,000 2,600,000 100%Mar-1171%Jan-12DunsdonCoating work is underway.10 CP0817 2009 Sewer & Storm Pump Station Replacement - Phase B, Ellingson:This project will replace the Ellingson sewer pump station.3,332,410 3,332,410 2,745,437 100%Oct-1070%Feb-12SweetingWork is underway.11 CP1102 2011 Arterial Preservation Project:This project will perform pavement patching on 6 miles of arterial/collector street including the following:West Valley highway - 37th NW to S 287th Terrace Dr. NW - 56th Ave S to R St NW 4th St NE - AWN to K St NE E Main St - AWN to M St NE Lea Hill Road - 8th St NE to 124th Ave SE SE 304th /104th Ave SE - Lea Hill Road to 120th Ave SE 1,300,000 1,300,000 1,300,000 100%Jul-1155%Oct-11WickstromWork is underway.12 CP0909 Lakeland Hills Booster Pump Station:This project will update/replace the existing pump station in the Lakeland Hills water service area in order to meet fire flow demands.2,980,000 2,980,000 2,980,000 100%Oct-1051%Nov-11VondrakWork is underway.CAPITAL PROJECT STATUS REPORT Project Budget ($)Design Construction Page 1 of 6 DI.D
Date: September 27, 2011 Pr iority Total Group Art. St.Water Sewer Storm Other Total Estimated Design Adv.Const.Finish Project No.Proj. No.Location/Description (1-3)(102/105)(430)(431)(432)Funds Budget Cost %Date %Date Manager Status CAPITAL PROJECT STATUS REPORT Project Budget ($)Design Construction 13 CP1005 South Division St. Promenade Project:The project includes the development of a comprehensive promenade on Division St. from Main St to 3rd St SE/SW. Improvements include upgrades to all utilities and new roadway corridor treatments. 3,000,000 (EDA)5,200,000 (LRF Bonds) 8,200,000 6,049,541 100%Mar-1145%Feb-12Vondrak Work is underway. Main Street intersection to open 10/3, weather permitting. 1st street intersection to remain closed to mid October, weather dependant. 14 C410A S. 277th Wetland Mitigation Monitoring:This project is an annual project to complete the requirement monitoring and maintenance of the wetland mitigation sites for the S. 277th Grade Separation Project. Sites are located on the North geodecke property and at the corner of 44th St NW and Frontage Road. Permits require the City to monitor the sites for 10 years.102,400 102,400 116,400 100%Apr-1130%Nov-11DunsdonWork is underway.15 CP0916 West Valley Highway - SR18 to W. Main:This project will reconstruct WVH between SR18 and W. Main, including signal improvements at W. Main.705,000 800,000 2,256,885 (TIB Grant)83,710 (124 Fund) 3,845,595 3,845,595 100%Jul-1130%Dec-11Sweeting Work is underway, road closure through 10/22.16 CP0803 37th St SE / R St SE Ped. Connector:Project consists of constructing a walking path/trail along 37th St SE alignment from Olympic St SE to R St SE.92,419 124,300 (State Grant) 216,719 197,708 100%Jul-1125%Dec-11DunsdonWork is underway.17 C207A 'A' Street NW Corridor - Phase 1:This project will complete the design and permitting efforts associated with the arterial street corridor ‘A’ Street NW from 14th Street NW south to 3rd Street NW. 1,202,545 (102 and TIF) 406,000 6,580,709 (Fed Grants)1,285,170 (Developer In-Kind)430,855 (Developer) 9,905,279 9,732,186 100%May-1118%Dec-12Gaub Utility work underway. Pre-load is complete. Roadway connection from 3rd to 5th to be completed in 2011, weather permitting. Roadway connection from the existing roadway to 14th St NW and along 10th Street NW will be completed in 2012 due to pre-load requirements.18 C524A SCADA System Improvement:This project will upgrade the City's SCADA system to meet Public Works goals.2,666,200 1,994,500 1,014,000 5,674,700 4,998,512 100%Nov-0912%Dec-12Lee Implementation Contract executed. Preliminary Design Complete. Final design is underway and is approximately 50% complete.19 CP1117 2011 Arterial and Collector Crackseal Project:This project will complete cracksealing on collector and arterial roadways throughout the City.140,000 140,000 140,000 100%Aug-110%Oct-11Wickstrom Work is underway, but is weather depandent.20 CP1109 2011 Storm Pipeline Repair and Replacement, Phase 1:This project will construct storm drainage repairs and improvements on academy drive Se, 37th Street NW, and 36th Street NE 1 232,400 232,400 219,090 100%Sep-11Nov-11LeeBids will open 9/29.21 CP1116 Downtown Street Light Replacement:This project will replace the existing teal lights that have reached the end of their service life with lights meeting the current downtown standards 1 485,000 (LRF Bond) 485,000 485,000 100%Sep-11Feb-12VondrakBids will open 10/4.Page 2 of 6 DI.D
Date: September 27, 2011 Pr iority Total Group Art. St.Water Sewer Storm Other Total Estimated Design Adv.Const.Finish Project No.Proj. No.Location/Description (1-3)(102/105)(430)(431)(432)Funds Budget Cost %Date %Date Manager Status CAPITAL PROJECT STATUS REPORT Project Budget ($)Design Construction 22 C201A M Street Underpass (Grade Separation):The purpose of this project is to grade separate ‘M’ Street SE from the Burlington Northern Santa Fe Stampede Pass Rail line in Phase 1 and completion of the Auburn Black Diamond Road Bypass connection is a future phase.16,052,400 150,000 872,372 (Fed Grant)6,000,000 (FMSIB)235,100 (King Cty)1,543,000 (Ports)478,000 (BNSF) 15,330,872 22,131,000 100%Dec-11Dec-13Sweeting Design, NEPA Approval, ROW Acquisition, Relocation, and the WSDOT ROW certification are all complete. The Bypass Road has been separated from the Grade Separation as a 2nd Phase. TIB Grant application submitted 8/30/11.23 CP0909 Academy Booster Pump Station:This project will update/replace the existing pump station in the Academy water service area in order to meet fire flow demands.15,337,542 5,337,542 3,240,500 95%Nov-11Dec-12Vondrak Consultant work is underway.24 CP1103 132nd Ave SE Tacoma Pipeline 5 Intertie: This project includes design and construction of infrastructure on 132nd Ave SE and the Tacoma Pipeline 5 for the purchase of water from adjacent purveyors.1490,000 490,000 967,500 70%Feb-12Dec-12DunsdonDesign work underway.25 CP0915 Well 1 Improvements:This project will rehabilitate or replace Well 1 so that it can function at full capacity.12,908,944 250,000 3,158,944 3,158,994 45%Jan-12Dec-12Lee Preliminary analysis report complete. Scoping of needed improvements underway.26 CP1109 2011 Storm Pipeline Repair and Replacement, Phase 2:This project will construct storm drainage improvements on Hi-Crest Drive NW 1 165,000 165,000 178,310 30%Mar-12Aug-12LeeDesign work underway.27 CP1112 2011 Sidewalk Improvement Project:This project will complete repairs and replacement of existing sidewalks at various locations within the City.1180,000 180,000 180,000 5%Oct-11Dec-11WickstromDesign work underway.28 CPXXXX Lea Hill Safe Routes to Schools Improvements:This project will complete improvements for safe walking routes to Hazelwood Elem., Lea Hill elem., and Rainer Middle School along 116th Ave. SE and SE 312 St., 1 398,500 (Federal)21,597 (ASD) 420,097 420,097 0%Apr-12Aug-12Dunsdon Grant Obligation is in process.29 CP1118 Auburn Way South Pedestrian Improvements - Dogwood to Fir Street:This project will construct a new street lighting system, landscaped median island, a designated mid-0block crosswalk, relocation of existing utility poles, and modifications to the existing signal at Dogwood St. This project also includes a public education element for pedestrian safety.1100,000 740,830 (State)100,000 (Federal) 940,860 940,860 0%Apr-13Oct-13Dunsdon Grant Obligation is in process.30 CP1119 Auburn Way South Corridor Improvements - Fir St. SE to Hemlock St. SE:This project will widen AWS between Fir and Hemlock Streets from 3 lanes to 5 lanes and includes new sidewalks, street lighting, transit improvements and install a new signal at Hemlock St.1 2,426,400 (TIB)606,600 (MIT) 3,033,000 3,033,000 0%Apr-13Oct-13Dunsdon Grant Obligation is in process.31 CP1108 2011/12 Citywide Storm Pond Cleaning:This project will complete the removal of sediment from 8 storm drainage ponds located throughout the City.2 417,600 417,600 417,600 90%Mar-12Sep-12Lee Contract documents are being finalized.Page 3 of 6 DI.D
Date: September 27, 2011 Pr iority Total Group Art. St.Water Sewer Storm Other Total Estimated Design Adv.Const.Finish Project No.Proj. No.Location/Description (1-3)(102/105)(430)(431)(432)Funds Budget Cost %Date %Date Manager Status CAPITAL PROJECT STATUS REPORT Project Budget ($)Design Construction 32 CP0765 Lakeland Hills Reservoir Improvement:This project will provide various improvements at the reservoir, including painting, seismic upgrades, and facility modifications.2400,000 400,000 400,000 75%Apr-12Oct-12Vondrak Bid documents complete. Project is dependent upon completion of Reservoir 6 improvement.33 CP1024 AWS and M Street SE Intersection Improvements:This project will construct improvements at the intersection to address capacity and safety concerns.275,000 75,000 975,000 10%Jun-12Jun-13Lee AWS/M St. SE - Installed protected left turn for east/west bound traffic on AWS turning onto M St. SE (Completed)17th/M St. SE - restrict left turn movements from 17th to M. Public Notice in process, installation after notices complete.AWS/M St. SE Pre-Design - determine the ultimate configuration and footprint of the intersection, including addressing the westbound AWS to northbound M St. SE turning movement, access control, and bike accommodations for crossing AWS. (Scheduled to be completed by Sept 1st)34 CP0906 2009 Gateway Project:This project will construct a new gateway sign at East Valley Highway and Lake Tapps Parkway.3 100,000 (Gen Fund) 100,000 100,000 30%HoldHoldLee Easement acquisition completed. Project on hold.35 CP0624 Well 5 Upgrade:This project will construct a new well facility including emergency generator and disinfection capability.3 751,900 751,900 751,900 0%Jan-11Dec-11Lee Consultant scoping in process.36 C512A Well 4 Improvements:This project will construct a new building to house a standby generator, disinfection equipment, and restroom facilities for staff.3630,000 630,000 630,000 0%Mar-12Dec-12Dunsdon Consultant scoping in process. Work being coordinated w/ Facilities Generator Project.37 C229A BNSF/EVH Pedestrian Undercrossing:This project will construct a pedestrian undercrossing of both East Valley Highway (A St SE) and the BNSF rail tracks just north of the White River.3 385,000 (State) 385,000 9,000,000 60%HoldHoldDunsdon Final design on hold pending BNSF issues. Additional funds will be required to complete design, environmental permitting, and construction. TOTAL10,481,466 20,770,586 6,016,215 6,142,200 34,633,361 78,293,828 88,140,089 Page 4 of 6 DI.D
Date: September 27, 2011 Total SOS Water Sewer Storm Other Total Estimated Design Adv.Const.Finish Project No.Proj. No.Location/Description (103)(430)(431)(432)Funds Budget Cost %Date %Date Manager Status Wickstrom 2011 Program approved by Council Committee.38 CP1101 2011 Local Street Pavement Preservation - Phase 1:This project will rehabilitate and rebuild deficient pavement on local streets in and around the City's downtown area. This Phase 1 project includes the patching and overlay of concrete and asphalt streets.1,800,000 - - - - 1,800,000 1,783 ,603 100%Jun-1185%Nov-11Wickstrom Work is underway, chip seals complete.39 CP11##2011 Local Street Pavement Preservation - Phase 2:This project will rehabilitate and rebuild deficient pavement on local streets in and around the City's downtown area. This Phase 2 project includes the reconstruction of 6th Pl NE off of 6th St, 2nd St. NE between R St and O St, H St SE between 2nd St. and 4th St., and G/3rd St SW between Main and E St, including utility improvements within these streets.850,000 450,000 - 4 25,000 - 1,725,000 1,725,000 80%Nov-11Jul-12WickstromDesign work is underway.2,650,000 450,000 - 425,000 - 3,525,000 3,508,603 TOTAL SOS PROGRAM 2011 & 20122,650,000 450,000 - 425,000 - 3,525,000 3,508,603 Design Construction 2011 SOS Program: This project will complete pavement preservation of local streets through a combination of contracts.2011 SOS Program Subtotals SOS PROGRAM STATUS REPORT Project Budget ($)Page 5 of 6 DI.D
Date: September 27, 2011 Total Total Design Adv.Const.Finish Staff Action No.Proj.#Location/Description Budget Estimated Cost %Date %Date Manager Committee Status A CP0922 City Hall Plaza Improvements:The project includes the renovation of the City Hall Plaza a rea, including landscaping, water features, and various surface treatments. Thi s includes the expanded Plaza on the Marvel site.2,352,648 $ 2,321,627 $ 100%Aug-10100%Jun-11ChamberlainDRC Final Pay is in process. Funding is approximately 1.66M in LRF Bonding and 0.69M in 328 funding.B CP1115 NW City Hall Plaza Improvements:This project will renovate the NW entrance to City Hall simil ar to the recent improvements on the south side of City Hall. Work w ill include new pavement, updated lighting, ADA Ramp upgrades and new City Hall signage.475,977 $ 458,570 $ 5%Dec-11May-12ChamberlainDRCConsultant work is un derway C MS1110 Jacobsen Tree Farm and Fields Residential Buildings Demolition:This project will demolish the existing buildings located on the Jacobsen Tree Farm and on the Fields properties.142,000 $ 170,000 $ 90%Oct-11Jan-12DunsdonMSCCompleting Bid documents.D CP1016 Fenster Levee Project:This project will complete new levee improvements on the Fenste r Levee along the Green River.539,100 $ 539,100 $ 60%N/ADec-12AndersenPCDC Work will be completed by King County. Funding is from a Grant and matching storm funds.E MS1003 Airport Storm Water Inventory/Survey:This is a survey to complete a composite drawing and as-built information related to the Airport's storm drainage system.148,235 $ 148,235 $ N/AN/AApr-11GarciaMSC Report is completed and PWC briefed 4/18/11. Analysis of needed improvements is underway.F MS0802 Airport Re-Roof:This project will complete roof improvement to the Airport build ings as needed.200,000 $ 200,000 $ 100%Jan-11TBDBurkeMSC Bids Rejected because they were 50% over the City's estimate. New product being tried in place of roof replacement.OTHER PROJECTS - ACTION BY OTHER COMMITTEES Page 6 of 6 DI.D